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(영문) 의정부지방법원 고양지원 2015.11.13 2015고단1143
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2014, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act at the Incheon District Court on December 22, 2014, and the said judgment became final and conclusive on June 4, 2015.

1. Around August 2, 2013, the defrauded, at the D D driving range located in Sungsung-si, stated that “A victim E shall use the building price of a building with a maximum of KRW 1.8 billion at the price of KRW 50,000 for three months. The Defendant shall invest KRW 300,000,000,000,000 for KRW 250,000,000,000,000,000,000 won, shall be paid monthly and KRW 30,000,000,000,000,000,000,000 won for three months, as the collateral value of the building is KRW 1,00,00,000,000.”

However, in fact, the Defendant had no intention or ability to lend KRW 300 million to the said owner of the building from the beginning with the Defendant’s funds, and even if he/she borrowed money from the victim because there was no particular property or income at the time, he/she continues to use the funds for his/her credit business, without a certain security. On the other hand, he/she had thought that he/she would consume money for personal purposes, such as apartment deposit, dan dynasium operating fund, etc.,

Ultimately, the Defendant received 10 million won cashier's checks from the victim on the same day, 24 million won cashier's checks, 5 million won cashier's checks, and 250 million won in cash from the victim as borrowed money.

2. Any person who intends to engage in credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register his/her business with the Mayor/Do Governor, etc. having jurisdiction over the relevant business

Nevertheless, the Defendant loaned KRW 200,000 to F on August 21, 2013, subject to the payment of interest of KRW 50,000 per month on the condition that he/she would be paid interest of KRW 20,000,000 from August 2, 2013 to April 30, 2014.

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