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(영문) 춘천지방법원 2018.11.07 2018고단801

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is seaing from "C" in Chuncheon-si B.

A person who intends to engage in loan business or loan brokerage business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business.

Nevertheless, on June 12, 2015, the Defendant received KRW 974,000 through 11 times until July 26, 2017, as shown in the annexed crime list, such as: (a) the Defendant, without registering with the competent authority; (b) the Defendant, by obtaining a loan of KRW 8,00,000 from a purchaser of a used vehicle and arranging “F” (representative G); and (c) the Defendant, as a fee, receives KRW 80,000,000, which is 1% of the loan.

Accordingly, the defendant runs a brokerage business without registration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to FHH AF copies of the passbook, FI copies of the passbook, business registration certificate (H), business registration certificate (I), business entrustment agreement for the secondary and secondary alliances, financial transaction details, investigation report (a copy of the passbook used at the time when the respondent receives fees);

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Business of Loan, etc., and Protection of Financial Users for facts constituting an offense, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Recognizing the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and considering the reflectivity, the scale of the crime, etc. as the primary factors for sentencing. In full view of all other circumstances, including the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence as set forth in the argument of this case shall be determined as ordered.