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(영문) 대전지방법원 천안지원 2019.05.30 2018고단3119
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment with prison labor for a year and nine months, and Defendant B for a year, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to four months of imprisonment for special intimidation on February 14, 2017, and the execution of the sentence was completed in Daejeon Prison on February 16, 2017.

【Criminal Facts】

Defendants are married and married, and Defendant A serves as Defendant A’s son, and Defendant A, while engaging in credit business by lending money to gamblings, etc. while serving as a “exclusive” in a horse race track in the Seocho-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. Defendant B and C also play the role of lending money and withdrawing money from the bank.

1. A person who intends to engage in a credit business for committing an unregistered credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the pertinent place of business by the relevant place of business. However, around August 7, 2015, the Defendants conspired with C and lent KRW 5 million to the debtor F without being registered with the competent authority in collusion with the Defendants’ “E” in the operation of the Defendants located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon, and loaned KRW 46,000,000 in total without being registered with the competent authority as described in the list of crimes (i) through (iv) from the above date to September 1, 2018.

2. In the event that an unregistered credit service provider, who received interest exceeding the limited interest rate, lends a loan to the debtor F within the limit of 25% per annum, the Defendants did not receive interest exceeding the limit of interest prescribed by the law. However, around August 7, 2015, in collusion with C, the Defendants were to lend KRW 5 million to the debtor F from the “E” in the operation of the Defendants located in Seo-gu, Seo-gu, Seoan-gu, Incheon Metropolitan Government, and to receive interest of KRW 365% per annum from the above date to September 1, 2018, and received interest exceeding the limited interest rate of 46 times in total, such as the list of crimes (1) through (4).

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Each police officer against the Defendants.

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