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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
(a) Any person who violates the Act on the Registration of Loan Business and the Protection of Financial Users shall register a loan business or loan brokerage business with a branch office of the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the interest rate of 25% per annum;
Nevertheless, on November 2, 2016, the Defendant, without registering the loan business with C, lent KRW 1.6 million, which was deducted from the pre-paid fee of KRW 4 million from the pre-paid fee of KRW 1.6 million, to G, a ship owner of Chinese nationality, who lost money in a casino, at around 21:00 on November 2, 2016, and was given a loan on condition that he would recover KRW 2 million from the next date until November 3, 2016 (7,300 per annum). Accordingly, the Defendant in collusion with C, in order to engage in unregistered loan business and received interest exceeding the limited interest rate.
(b) No person who has violated the Fair Debt Collection Practices Act and the Punishment of Violences, etc. Act shall assault, arrest or detain, or use a deceptive scheme or force against, a debtor or his/her related persons in connection with debt collection;
Nevertheless, the Defendant, along with C on November 3, 2016, borrowed KRW 2 million from E hotel F as described in paragraph (1) from E hotel F as of November 3, 2016, to another car with H, and, despite the remainder of the repayment period, she takes the victim’s desire to take the victim’s her who is able to receive the victim by taking the victim’s desire, such as “Irre, Irrre, Irre to pay the money.”
B. A threat of force is used to lend a debt to B, from 09:00 to 17:00 on the same day, the victim was taken from the mutual influence in Gyeonggi-do to the influence of the trade name, which is permissible in Gyeonggi-do, and the door was locked and prevented from opening the door in front of the chair in the guest room, and the victim was detained.