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(영문) 수원지방법원 2015.10.07 2015고정2136

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 12, 2012, the Defendant arranged customers who wish to borrow the loan and received 45% of the total amount of the loan from them in collusion with B and C, and received brokerage fees from customers, a total of KRW 18 million, from whom the Defendant received KRW 81 million from F in exchange for loan brokerage fees, and received KRW 8,100,000,000 from the other party to the transaction, as loan brokerage fees. < Amended by Presidential Decree No. 23690, Apr. 12, 2012; Presidential Decree No. 20740, Feb. 1, 2012; Presidential Decree No. 20673, Feb. 2, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. Application of the police protocol of statement to F;

1. Article 19 (2) 6 and Article 11-2 (2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, Article 30 of the Criminal Act, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good in that it commits a crime against F who suffers from mental illness, the punishment as ordered shall be determined by taking into account the fact that there is no criminal record of the same kind, the frequency of the violation, the amount of the fee received, the level of punishment of accomplices, etc.