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(영문) 광주지방법원 2016.05.20 2016고단316
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants made a loan to the members of the “C” group to which they belong, and received interest and divide profits after paying them. Defendant B paid the necessary funds for the loan and Defendant A took charge of the business of lending money to the people and receiving interest.

According to the aforementioned plan, the Defendants did not register with the competent authority around August 12, 2012, and loaned KRW 8 million to E from the Defendants’ office located in Gwangju Northern-gu D and the third floor to E, and thereafter, loaned KRW 197,300,000 for 35 times from January 18, 2013, such as the list of crimes in the annexed list of crimes.

As a result, the Defendants conspired to do the lending business without registering it with the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made to the Defendants in each protocol concerning the interrogation of suspects by the prosecution

1. Statement in each police statement with respect to F and G;

1. Statement of H;

1. Application of Acts and subordinate statutes to enter the current status of withdrawals, copies of each passbook, and details of transactions by account;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of relevant criminal facts, each of the loan businesses selected for criminal punishment, and the Protection of Financial Users, Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. In light of the period, frequency, and amount of punishment imposed under Article 62-2 of the Social Service Order Act by the Defendants with the reason of sentencing, the liability for the crime is light;

shall not be deemed to exist.

However, the defendants operated a loan business against only members of the friendship group to which they belong, and there has been a long time after committing the crime.

Defendant

B is the first offense, and the defendant A has no same criminal record.

In addition, the sentencing conditions shown in the records, such as the circumstances in which the instant case was at issue, the age of the Defendants, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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