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(영문) 전주지방법원 2013.04.03 2012고정997

대부업등의등록및금융이용자보호에관한법률위반

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The Defendants are not guilty.

Reasons

1. The summary of the facts charged is that the Defendants are persons running a used vehicle sales business, and those who intend to operate a credit business or a loan brokerage business have to register with the Mayor/Do governor having jurisdiction over the pertinent place of business for each place of business without registering the credit business. However, in the process of selling used cars without registering the credit business, the Defendants attempted to arrange for the purchase price to be lent to the mother and child-to-child buyers with the purchase price for the vehicle, and

Defendant

A around January 5, 2011, the Defendant sold used cars to J from Jeonjin-gu Seoul Special Metropolitan City I operated by the Defendant, and had J act as a broker to receive KRW 3,400,00 from Dongyang Social Co., Ltd. (hereinafter referred to as “Dongyang-gu Social Co., Ltd. (hereinafter referred to as “Dongyang-gu Social Co., Ltd.”) which is a credit financial institution as security of the motor vehicle, and immediately received KRW 170,000 as a brokerage commission from K installment which entered into the business agreement with the above credit financial institution, and operated a loan brokerage business without registration by the same method until December 30, 2011.

B. On January 4, 2011, Defendant B: (a) sold used cars to M and mediated M to obtain KRW 14,850,000 from the Korea Financial Co., Ltd. (hereinafter “Korea Financial Co., Ltd.”) which is a credit financial institution (hereinafter “Korea Financial Co., Ltd”); (b) and (c) immediately received KRW 1,034,00 as a brokerage commission from K Financing which entered into a business agreement with the said credit financial institution; and (d) provided loan brokerage services in the same way on a total of 32 occasions until December 20, 201 and received a brokerage commission of KRW 15,701,700.

C. Around April 18, 2011, Defendant C sold used cars from Seojin-gu N in Jeonjin-gu, Jeonjin-gu, operated by the Defendant, and from O, and caused C to do so.