(a) Violation of the Act on the Registration of Credit Business, etc. and the Protection of Financial Users;

(b) Violation of the Fair Collection of Claims Act;

C. Violation of the Electronic Financial Transactions Act

D. Violation of the Act on Real Name Financial Transactions and Guarantee

1.(a)(d) South 79.Farsensives and self-employed

Residential Nam-gu, Incheon

2.(a)(d) South 80.H. Kim Counseling (tentative name)

Residentialization City

3.(a)(d)The maximum number of pages (tentative) South 79.Favoon and the Company.

Residential Manam-si Correction-gu

4.(a)The name between old and old 71.Woo-si and self-employed

Residential Goyang-gu and Soyang-gu

5.(a)An 87.Mymar (tentative) Tymar (tentative) Tyar) Tyar and Tyarr

Housing Michuhol-gu Incheon

6.(a) South 83.F.O. and other specialized employment

Residential Nam-gu, Incheon

Kim Jong-jin (prosecution, public trial)

Law Firm*, Attorney Shin* (for the maximum side of the defendant),

Law Firm*, Attorney Lee* (for the defendant Kim Counseling)

o October 30, 2020

1. A person shall be punished by imprisonment with prison labor for one year, with prison labor for the maximum extent of the defendant, and for eight months, with prison labor for the maximum face value of the defendant: Provided, That with respect to the maximum face value of the defendant, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. To the maximum face value of the defendant, an order for community service for 80 hours shall be issued to the defendant. The confiscation of 200 copies (No. 1), 17,045,205 won shall be collected as a penalty. 18,030,137 won shall be collected from the Kim Counseling. An order for the proper management of the defendant and Kim Counseling to pay for each of the above additional charges shall be issued.

2. The Defendant’s name, gambling registration, Defendant’s name, and gambling registration shall be punished by a fine of KRW 5 million, and the issuance of Defendant Kim KRW 3 million, respectively.

In the event that the above Defendants did not pay each fine, each of the above Defendants shall be confined in the Labor House for the period calculated by converting the amount of KRW 100,000 into one day.

An order to pay an amount equivalent to each such fine shall be issued.

Criminal facts

1. The co-principal of the defendant, the defendant Kim Jong-chul, the defendant's maximum face value, and the person who has no name;

피고인들은 성명불상자(일명 '장실장')와 함께, 타인으로부터 대여 받은 대부업 등록증을 이용하여 인터넷 대출 중개 사이트인 '대출', '대출※※' 등에 대출 광고를 한 후, 위 광고를 보고 피고인들에게 연락한 고객들을 상대로 소액을 단기간 대출하여 주고, 고객들로부터 고율의 이자를 받는 방식으로 수익을 얻어 배분하기로 공모하였다. 피고인 곽관리는 대부업체 운영에 필요한 자금투자, 타인 명의의 대부업 등록증, 타인 명의의 휴대전화 및 계좌(속칭 '대포폰', '대포통장')를 대여해오고, 위 대부업 등록증을 이용하여 위 '대출SS', '대출※※' 등에 대출 광고를 하며, 고객들에게 대출금을 송금해주거나 고객들이 상환한 원금이나 이자를 관리하고, 수익금을 분배하는 역할을, 피고인 김상담과 성명불상자는 고객들에게 법정이자율을 초과하는 이자 안내 등 대출 상담을 하고, 대출계약서 및 주민등록등본 초본, 신분증 사본 등의 필요서류를 제출받는 등 대출 절차를 진행하며, 대출을 받은 고객들에게 원금 및 이자 상환을 독촉하거나 상환기한 내에 상환하지 않는 고객들을 상대로 협박하거나 위력을 사용하여 채권추심을 하는 역할을, 피고인 최대면은 피고인 곽관리, 피고인 김상담의 지시에 따라 대출을 신청한 고객들을 대면하여 법정이자율을 초과하는 이자를 설명하고, 대출약정서, 대출 계약서 및 주민등록등본 초본, 신분증 사본 등의 필요서류를 제출받는 등 대출 절차를 진행하며, 상환기한 내에 상환하지 않는 고객들을 상대로 협박하거나 위력을 사용하여 채권추심을 하는 역할을 담당하였다.

(a) A person who intends to engage in credit business that violates the Act on Registration of Credit Business and Protection of Financial Users due to unregistered credit business shall register the business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Mayor, Do Governor or Special Self-Governing Do Governor having jurisdiction over

그럼에도 불구하고 피고인들은 성명불상자와 공모하여, 관할관청에 대부업 등록을 하지 아니하고, 2019. 3.경부터 2019. 6.경까지 인천 남동구에 있는 # # 파크 B동 408 호에서, 2019. 6.경부터(피고인 최대면은 2019. 7.경부터) 2019. 9.경까지 인천 남동구에 있는 && 101동 16층 불상의 호실에서, 2019. 10.경부터 2020. 2.경까지 인천 남동구에 있는 @@ 아파트 19층 불상의 호실에서, 위 '대출', '대출※※' 등에 게시된 대출광고를 보고 연락한 고객들을 상대로 별지 범죄일람표 1(피고인 최대면은 순번 1번 내지 13번 제외) 기재와 같이 총 103회에 걸쳐 합계 약 112,500,000원 상당(피고인 최대면은 총 90회에 걸쳐 합계 약 99,500,000원)을 대부하였다. 이로써 피고인들은 성명불상자와 공모하여 무등록 대부업을 하였다.

(b) No one, other than credit service providers or credit financial institutions that violate the Act on the Registration of Credit Business, etc. and Protection of Finance Users, may place an advertisement for credit business due to advertisements without registration;

Nevertheless, the Defendants conspired with their names in collusion with the competent authorities on May 7, 2019, and agreed to pay KRW 2 million in cash in the name of the former and had the former registered credit business registered under the name of the former in return for the promise to pay KRW 2 million in cash to the former, and then received the registration certificate of credit business from the former name, and then made a loan advertisement so that many unspecified persons can be seen as being registered by the trade name, credit business registration number, telephone number, etc. of the above loan from May 7, 2019 (the maximum face value of the Defendant from July 2019 to December 17, 2019) by using the cell phone opened in the above credit business registration certificate and the former name.

As a result, the Defendants conspired with their names and made an advertisement on credit business by not only the credit service provider but also the ones.

(c) Where a credit service provider, etc. violating the Act on the Registration of Credit Business, etc. due to overdue interests, and Protection of Finance Users, makes a loan, the interest rate shall not exceed 24 percent per annum;

Nevertheless, the Defendants, in collusion with their names, engaged in a credit business without registering with the competent authority as above. around May 20, 2019, the Defendants offered KRW 1,00,000 to the debtor's subordinate debt (tentative name) in front of the Dong-gu Office located in Busan Dong-dong 150-3, and delivered KRW 6,50,000 after deducting KRW 3.50,000 from the prior interest per annum on the condition that overdue interest was paid KRW 3,000 per week, and received 2607% interest per annum from April 4, 2019 (the maximum face value of the Defendant was from July 2019 to January 3, 2019). From around 200, the Defendants conspired with the Defendant 2 (the maximum number of pages 1, 200-3, 200, 300% interest per annum 5,000 won per annum 25,2005 and 209.

(d) No debt collector in violation of the Fair Debt Collection Practices Act shall assault, threaten, arrest, or detain, or use deceptive schemes or force against, a debtor or any person concerned in connection with debt collection.

Nevertheless, at around 20:00 on October 1, 2019, the Defendants: (a) in collusion with the name in bad faith; (b) on the grounds that the obligor’s book (a) was not repaid by the due date for the repayment of the principal of the loan, the Defendants sent a telephone to the said book to the said book, and (c) on the ground that the obligor’s book (a) was not repaid by the due date for the repayment of the loan principal, and (d) “I am, am equal to the bitch bit of this bitch bit; (b) you have not deposited; and (c) you have come to am? What is you? Is we am? Is you bitp? Is you bitp? I am bitch bitch bitch bit, which is bitch ch bit, and this bitp 3 (including the Defendant’s maximum face on July 2019) in collusion with the obligor’s name or in collusion with the obligor in relation to the collection of the claim.

E. Violation of the Electronic Financial Transactions Act

No person shall borrow, keep or distribute a means of access with the knowledge that he/she is to be used for a crime or for the purpose of receiving or promising to receive compensation.

그럼에도 불구하고, 피고인들은 성명불상자와 공모하여, 무등록 대부업 범죄 등에 이용할 목적으로 2019. 8. 말경 불상지에서, 피고인들로부터 대부를 받고 있던 신대부(가 명)에게 "체크카드를 대여해주면 1개월에 대한 이자를 기존 50만 원에서 10만 원으로 깎아주겠다."라고 제안하여, 이에 동의한 위 신대부로부터 그 무렵 인천 남동구, # #파크 B동 408호에 있는 대부업체 사무실에서, 퀵서비스 기사를 통해 신대부가 대표자로 있는 ㈜★★쇼핑몰 명의의 우체국 계좌(703***********)와 연결된 체크카드 및 비밀번호를 건네받았다.

As a result, the Defendants were provided with the means of access for the purpose of using them in collusion with their names for the purpose of demanding or promising payment.

F. Violation of Act on Real Name Financial Transactions and Guarantee

누구든지 불법재산의 은닉, 자금세탁행위 또는 공중협박자금조달행위 및 강제집행의 면탈, 그 밖에 탈법행위를 목적으로 타인의 실명으로 금융거래를 하여서는 아니 된다. 그럼에도 불구하고, 피고인들은 성명불상자와 공모하여, 무등록 대부업 등을 통해 얻을 수익의 은닉·탈세 등을 목적으로 2019. 3.경부터 2019. 12.경까지 신대부로부터 대여 받은 ★★쇼핑몰 명의의 우체국 계좌(703***********)와 연결된 체크카드와 비밀번호를, 김대여(가명)로부터 대여 받은 (유)○○ 명의의 농협 계좌(355**********)를 이용하여 채무자들에게 대출금을 송금하거나 원금 또는 이자를 상환 받았다. 이로써 피고인들은 성명불상자와 공모하여 불법재산의 은닉, 자금세탁행위 또는 그 밖에 탈법행위를 목적으로 타인의 실명으로 금융거래를 하였다.

2. No defendant may allow any other person to engage in credit business under his/her name or lend his/her registration certificate to any other person;

Nevertheless, on March 7, 2019, the Defendant issued a registration certificate of credit business (registration number: 2019-*) in the name of "Sengnam-gu Office, Incheon, Nam-gu, Incheon, and 633, in the name of "loan" (registration number: 2019-56) from the outer control around March 7, 2019 to "Sengdong-gu, Busan, in order to carry out a vehicle security loan business". Accordingly, on May 7, 2019, the Defendant issued a registration certificate of credit business to "Sengnam-gu, Incheon, Dong-gu, Incheon, and 1305-56, in the center of Mangsan-gu, Busan, and the outer management. Accordingly, the Defendant had the outer management, etc. engage in credit business under the name of the Defendant and lent the registration certificate.

3. No one may allow any other person to engage in credit business under his/her name or lend his/her registration certificate to any other person;

Around November 2019, the Defendant received a proposal from the outer control that “I wish to pay KRW 2 million in cash if I want to lend a registration certificate after registering a credit business.” On November 29, 2019, the Defendant issued a registration of credit business (registration number: 2019-In Incheon Seo-gu-gu**) under the trade name, “Bish loan brokerage,” and then sent a credit business registration certificate, which was issued, to the Seo-gu Incheon, Seo-gu, Incheon, Seodong-gu, Seoul, with the trade name, “Bish loan brokerage,” and around November 29, 2019.

Accordingly, the defendant allowed the defendant to engage in credit business in the name of the defendant, and lent the registration certificate.

4. No defendant Kim Issuing credit service provider, etc. shall allow any other person to engage in credit business under his/her name or lend his/her registration certificate;

피고인은 2019. 3.경 곽관리로부터 "대부업을 하려고 하니, 대부업 등록을 해서 등록증을 빌려 달라."는 부탁을 받고, 2019. 3. 25경 인천 남동구 소래로 633에 있는 인천 남동구청에서, '◎ ◎ 대부'라는 상호로 대부업 등록(등록번호 : 인천남동구2019-**)을 한 후 발급받은 대부업 등록증을 그 다음날 인천 남동구 소래포구역 근처에 있는 이름을 알 수 없는 커피숍에서, 곽관리에게 건네주었다. 이로써 피고인은 곽관리 등에게 피고인의 명의로 대부업을 하게 하고, 그 등록증을 대여하였다.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 19(1)1, Article 3(1), Article 30 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 19(1)3, Article 9-2(1), Article 30 of the Criminal Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 19(1)3, Article 9-2(1), Article 30 of the Criminal Act on the Protection of Finance Users, Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 2(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, Article 15(1), Article 9 subparag. 1, Article 30 of the Act on the Fair Collection of Claims, Article 49(4)2, Article 30 of the Criminal Act, Article 30 of the Electronic Financial Transactions Act, Article 30 of the Act on Real Name Financial Transactions and Confidentiality, Article 30 of the Criminal Act.

Article 19(2)1-2 and Article 5-2(5) of the former Act on Registration of the Name of Defendant, Gambling, Kim Issuing Credit Business, etc., and Protection of Finance Users, and Selection of Fines

1. Aggravation for concurrent crimes (the outline management, Kim Counseling, maximum face value);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (the maximum face value of the defendant);

Article 62(1) of the Criminal Code (hereinafter referred to as "the reason for the two-year sentence"), which is favorable to the above accused, shall be considered.

1. Order to provide community service (the maximum face value of the accused);

Article 62-2 of the Criminal Act

1. Detention in a workhouse (the name of the defendant, the registration of gambling, and the issuance of Kim Il);

Articles 70(1) and 69(2) of the Criminal Act

1. Article 334 (1) of the Criminal Procedure Act (the summary management, Kim Counseling, old name, gambling, and issuance of Kim) of the provisional payment order;

1. Article 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. Proceeds from crimes due to excess of self-regulation of the Defendants: 45,075,342 won (=45,075,342 won) 17,045,205 won (=45,075,342 won) - A distribution ratio of Defendant’s outer management 0.6 - 10,000,000 won for proceeds from crimes forfeited under Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Punishment of Criminal Proceeds Concealment

- Defendant Kim Counseling: 18,030,136 won (=45,075,342) * The allocation ratio of Defendant Kim Counseling 0.4) 1. The scope of recommendations according to sentencing guidelines (the size management, Kim Counseling, the maximum number of pages)

○ Defendant’s peripheral management

(a) One crime (Violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users);

[Determination of Punishment] Violations of the Credit Business Act, 01. Violation of the Credit Business Act

[Special Aggravationd Persons] Aggravationd: Where the method of punishment is extremely poor;

[Recommendation and Scope of Recommendation] Aggravation, 1 year to 4 years of imprisonment

(b) Second offense (Violation of the Fair Collection of Claims Act);

[Determination of Punishment] Violations of the Credit Business Act, Collection of Claims Act (Type 2), Violence, Intimidation, etc.

[Special Aggravation] Aggravated Punishment: Where a crime is committed against many victims or repeatedly during a considerable period of time, where the method of punishment is extremely poor.

[Recommendation and Scope of Recommendations] Special Priority Area, 10 months to 5 years. 3 years to 3 years. Violation of Electronic Financial Transaction Act (Violation of Electronic Financial Transaction Act)

[Determination of Punishment] Crimes in Violation of the Electronic Financial Transactions Act [Type 2] Crimes in Business and Systematic Use of Crimes

[Special Aggravation] Aggravations: Where a person led or led to the commission of a crime (the organized crime among the types 2)

[Recommendation and Scope of Recommendations] Aggravation, 10 months to 2 years and 6 months of imprisonment

(d) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year (a concurrent crime with an offense for which no sentencing guidelines are set);

(e) Scope of recommended sentences modified by applicable sentences: Imprisonment with prison labor for one year to seven years (in cases where the upper limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory upper limit of applicable sentences, it shall be in accordance with the statutory upper limit of applicable sentences);

○ Defendant Kim Jong-chul

(a) One crime (Violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users);

[Determination of Punishment] Violations of the Credit Business Act, 01. Violation of the Credit Business Act

[Special Aggravationd Persons] Aggravationd: Where the method of punishment is extremely poor;

[Recommendation and Scope of Recommendation] Aggravation, 1 year to 4 years of imprisonment

(b) Second offense (Violation of the Fair Collection of Claims Act);

[Determination of Punishment] Violations of the Credit Business Act, Collection of Claims Act (Type 2), Violence, Intimidation, etc.

[Special Aggravation] Aggravated Punishment: Where a crime is committed against many victims or repeatedly during a considerable period of time, where the method of punishment is extremely poor.

[Recommendation Area and Scope of Recommendations] Special Priority Area, 10 months to 5 years. 3 years. Violation of Electronic Financial Transaction Act (Violation of Electronic Financial Transaction Act)

[Determination of Punishment] Crimes in Violation of the Electronic Financial Transactions Act [Type 2] Crimes for the purpose of commercial and organized use of crime

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(d) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year (a concurrent crime with an offense for which no sentencing guidelines are set);

(e) Scope of recommended sentences modified by applicable sentences: One year to seven years (in cases where the upper limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentences, it shall be in accordance with the statutory applicable sentences).

○ Defendant’s maximum amnesty

(a) A violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

[Determination of Punishment] Violations of the Credit Business Act, 01. Violation of the Credit Business Act (Type 2)

[Special Aggravationd Persons] Aggravationd: Where the method of punishment is extremely poor;

[Recommendation and Scope of Recommendation] Aggravation, 1 year to 4 years of imprisonment

(b) Second offense (Violation of the Fair Collection of Claims Act);

[Determination of Punishment] Violations of the Credit Business Act and the Debt Collection Act; 2. Assault, intimidation, etc.

[Special Aggravation] Aggravated Punishment: Where a crime is committed against many victims or repeatedly during a considerable period of time, where the method of punishment is extremely poor.

[Recommendation Area and Scope of Recommendations] Special Priority Area, Imprisonment with prison labor from October to May, 3. 3 Crimes (Violation of Electronic Financial Transaction Act)

[Determination of Punishment] Crimes in Violation of the Electronic Financial Transactions Act / [Type 2] A person who has no purpose of business, organization, or use of crime (special person)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(d) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year (a concurrent crime with an offense for which no sentencing guidelines are set);

(e) Scope of recommended sentences modified by applicable sentences: Imprisonment with prison labor for one year to seven years (in cases where the upper limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory upper limit of applicable sentences, it shall be in accordance with the statutory upper limit of applicable sentences);

2. The sentence of sentence appears to have been rendered by the Defendants, whose total amount of loans to the instant unregistered credit business was approximately KRW 112 million, and the total amount paid with interest, principal, etc. is about KRW 32 million. In light of the amount received as above, it appears that the Defendants received more than the amount of money under the judgment of the lower court than the amount of charges 1.C. In order to obtain interest on loans from the institution authorized to provide financial institutions or credit service providers, the Defendants contacted the families, etc., who have secured contact with the difficulty in borrowing funds, as well as severe desire and intimidation, in order to receive interest on such high interest. There seems to be a considerable number of cases where the Defendants did not differ from those of the collection. The Defendants intended to take into account the fact that the Defendants were in favor of the victims of illegal credit business, including the registration certificate under the names of others, the cell phone, and the periodically change of offices, etc. The overall criminal records and the overall criminal records and the general criminal records of this case, as well as the general criminal records of this case, are the most favorable.

- Defendant Kim Counseling: The fact that he was involved in the instant crime and was directly executed most of the illegal collection acts is disadvantageous circumstances. The fact that he was punished only once for the crime of injury is favorable.

- The maximum face value of Defendant: (a) participated in the instant crime from July 2019; (b) the degree of participation or acquisition of profits from the crime did not reach the other two Defendants; and (c) the fact that there is no power to commit any crime is more favorable. The fact that the Defendant’s name, gambling registration, and the issuance of Kim-hwan lending the name of his/her credit business to another person is possible to engage in illegal credit business is unfavorable; (b) the former name of Defendant, the name of his/her name, and the issuance of his/her name are only one time of fine; and (c) the fact that the Defendant’s gambling registration is the primary offender; and (d) the fact that the Defendant’s name and gambling registration was recognized, and that he/she reflects the fact that he/she was paid a consideration; (d) the motive and consequence of the crime; and (e) the circumstances after the crime

The number of judges

A person shall be appointed.