대부업등의등록및금융이용자보호에관한법률위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. A person who intends to operate a loan brokerage business without registration shall register a loan brokerage business with a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor or a branch office having jurisdiction over the relevant place of business;
Nevertheless, on April 20, 2017, the Defendant, using the trade name “D” without registering a loan brokerage business to the competent authority, provided loan brokerage for F to obtain a loan of KRW 600 million from G, and received KRW 60 million from F in return for the loan brokerage. On June 23, 2017, the Defendant provided loan brokerage for F to obtain KRW 50 million from H from the said place. On July 20, 2017, the Defendant provided loan brokerage for F to obtain KRW 30 million from H and received KRW 46 million from F in return for the loan brokerage.
Accordingly, the Defendant run the loan brokerage business without registering the loan brokerage business to the competent authorities.
2. No unregistered loan broker who receives illegal brokerage fees shall receive any remuneration in connection with loan brokerage, regardless of its name, such as a commission, honorarium, or advance payment, from the party to the transaction who receives the loan;
Nevertheless, on April 20, 2017, the Defendant received 60 million won in return for brokerage from Mapo-gu Seoul E from F, and received 4.6 million won in return for brokerage from F on July 20, 2017.
As a result, the Defendant received the payment in relation to loan brokerage without registering the loan brokerage business to the competent authorities.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police with regard to F;
1. Investigation report (to telephone conversations with I Lending), investigation report (G telephone conversations contents);
1. Application of statutes on a copy of a loan agreement;
1. Article 19(1) of the Act on the Protection of Financial Users and Registration of pertinent legal provisions concerning criminal facts and selective loan business, etc.