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(영문) 의정부지방법원 고양지원 2012.11.28 2012고단659

대부업등의등록및금융이용자보호에관한법률위반등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and Defendant B

(a) Any person who intends to run a credit business or a loan brokerage business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users under a unregistered loan brokerage business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of

그럼에도 불구하고 피고인 A과 B은 2010. 12. 6. 고양시 일산동구 G건물 1113호에 있는 대부중개업 사무실에서 H에게 정확히 알 수 없는 금액을 대부받도록 중개하여 주는 대가로 H으로부터 주식회사 썬샤인 명의의 우체국 계좌(계좌번호 : I)로 중개수수료 명목으로 215,000원을 송금받은 것을 비롯하여 그 무렵부터 2010. 12. 23.까지 별지 범죄일람표(1) 순번 1 내지 42 기재와 같이 총 42회에 걸쳐 합계 36,000,000원의 중개수수료를 대부를 받는 거래상대방으로부터 받았다.

Accordingly, Defendant A and B conspired to engage in loan brokerage business without being registered with the competent Mayor/Do Governor.

B. Defendant A and B, at the same place as before and after May 3, 2011, intended to report to the Financial Supervisory Service on the receipt of KRW 1,050,000,000 from the J as the intermediary fee, in return for the provision of loans to the J on January 17, 2011, Defendant A and B, who violated the Resident Registration Act, tried to use the name and resident registration number of the K acquired in advance to return the intermediary fee to the Financial Supervisory Service. Defendant A had the name and resident registration number of the K, entered the name and resident registration number of the K in the paper, and Defendant B, Defendant B, on May 3, 201, entered the name and resident registration number of the K at the new bank established in the Handong-dong-gu, Busan Special Metropolitan City, Busan Special Metropolitan City, in order to use the intermediary fee to 100,000,000 by means of a new account of J’s new bank account.

As a result, Defendant A and B conspired to deny another person’s resident registration number.

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