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(영문) 창원지방법원 진주지원 2018.06.12 2018고단445
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

2. Defendant B, C, and D Defendant B are punished by a fine of KRW 5 million, and Defendant C.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a suspended sentence of two years for a crime of violation of the Punishment of Violences, etc. Act (joint assault) in the Jinwon District Court's Branch on October 11, 2016, and the judgment became final and conclusive on October 19, 2016, and Defendant B is currently under the suspended sentence. Defendant B is a person who was sentenced to a suspended sentence of six months for an injury in the Jinwon District Court's Jinju branch on August 29, 2017 and was sentenced to a suspended sentence of six months for an injury, and the judgment became final and conclusive on March 5, 2018.

[Criminal facts]

1. Defendants in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (hereinafter “Financial Users”) provided loan funds to Defendant A as between the line and the rear line with the knowledge of the region of Jinju, and Defendant B confirmed the status of the loan business operation of Defendant C and Defendant D and received the profits therefrom, and delivered the proceeds to Defendant A. Defendant C and Defendant D, upon receiving a loan certificate from the loan applicant, offered the loan to the loan applicant, and offered the loan and collected the principal and interest by entering the account book in an unspecified number of unspecified persons.

A person who intends to engage in a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business.

Nevertheless, according to the above public offering without registering the loan business, the Defendants: (a) around March 2017, Defendant A offered a loan of KRW 30 million in cash to Defendant C and Defendant D; (b) around May 18, 2017, Defendant C and Defendant D lent a loan of KRW 200,000 to J for 20,000 from the first week of the operation of Defendant C and Defendant D; (c) 10,000 won in advance and 180,000 won in advance and delivered 180,000 won, and if the principal is not repaid or the principal is not repaid after 6 days, the annual interest of KRW 20,000 in advance shall be deducted from many unspecified persons, such as lending the principal on condition of KRW 608% in advance; and (d) Defendant C and D shall lend a loan from Defendant C and D until May 2017.

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