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(영문) 부산지방법원 2012.10.09 2012고단5780
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant shall be punished by imprisonment for eight months and a fine of twenty-five million won;

2. Where the defendant does not pay a fine;

Reasons

Punishment of the crime

The defendant is a person who engages in loan brokerage business under the trade name of "D" in 101, 901, Busan Jin-gu C building 101.

Any person who intends to run a loan brokerage business shall register the loan brokerage business with the competent administrative agency.

Nevertheless, on January 20, 2010, the Defendant, without registering a loan brokerage business, arranged for E to obtain a loan of KRW 3.5 million from the call director, and received KRW 6.6 million from E to the brokerage commission on the same day.

In addition, from January 4, 2010 to March 2, 2011, the Defendant engaged in loan brokerage business by means of arranging loan brokerage and receiving brokerage commission without being registered over 211 times in total as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (Evidence submitted by the prosecutor, No. 9, 10, 12, 14, 17);

1. Notification of the list of unregistered business operators;

1. Application of the Acts and subordinate statutes concerning details of transactions;

1. Article 19 (1) 1 and (3), and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the electiveness of punishment (the amount of brokerage commission received shall be concurrently sentenced to imprisonment and a fine in consideration of the amount of brokerage commission received);

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

1. The suspended sentence of Article 62(1) of the Criminal Act provides that there is no criminal record for the same kind of punishment [the circumstances favorable to the defendant] that is led to the confession and reflection of the facts of the crime from an investigative agency (the circumstances unfavorable to the defendant], and there is no criminal record for the same kind of punishment (the circumstances unfavorable to the defendant). The total amount of the commission is more than 130 million won while running a registered credit business, and the amount of the commission is more than 130 million won, the period of the business, profits acquired by the crime, etc. are significant, and the above circumstances and the motive, means and results of the crime, the defendant's age, character and behavior, environment, criminal records, and the circumstances after the crime,

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