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(영문) 청주지방법원 2015.02.03 2014고단1366
게임산업진흥에관한법률위반등
Text

Defendant

A Imprisonment for 6 months, Defendant B’s imprisonment for 10 months, Defendant C’s fine of 5 million won, and Defendant D.

Reasons

Punishment of the crime

Defendant

Since the violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users against A was prosecuted as a single offender, but the case was consolidated with the other co-defendants that they committed each crime in collusion with the defendant A, and the case was practically disputed. Thus, since the defendant's exercise of right to defense against A was not restricted and the co-principal's conduct is more favorable to the defendant A than the sole offender, it is recognized that each co-defendant committed a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users.

1. Defendant B proposed that Defendant A operate an unregistered loan company at a non-registered place on the date of 2011, and Defendant A consented to the said proposal.

Then, Defendant B proposed that Defendant C and D operate an unregistered loan company, and Defendant C and D agreed to each of the above proposals and agreed to receive interest exceeding the statutory limit interest while operating the unregistered loan company. Defendant B and A invested funds to be loaned and managed by Defendant B, Defendant C, D and A, Defendant C, and Defendant C share the role of lending funds to loan applicants who contacted with the former location by distributing the loan advertising leaflet and reporting the former location, and receiving interest and principal from the loan obligor.

Accordingly, the Defendants, without registering credit business to the competent authorities on November 2012, lent KRW 1,900,000 to J from the office of "I" located in "I" located in "Y in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the competent authorities, and received 360.8% interest per annum exceeding 30% per annum, which is the maximum interest rate under the Interest Limitation Act, by receiving 30,000 won per day on 100 days per day under the pretext of principal and interest, and received 360.8% interest per annum from March 1, 2012 to July 2013 as shown in the attached list of crimes.

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