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1. Defendant A not guilty. 2. Defendant B is not guilty. Defendant B is not guilty. Defendant C is not guilty. Defendant C is a fine.
Reasons
Punishment of the crime
[Presumption of Facts] Specialized credit financial institutions such as Capital Capital and other credit financial institutions pay loan brokerage fees to loan brokers who intermediate customers who purchase used cars while selling an installment loan product for the purchase of used cars, regardless of the name of the loan broker, such as commission, honorarium, and down payment, etc., and pay loan brokerage fees to loan brokers or loan solicitors by the credit service provider or credit financial institutions.
The Financial Supervisory Commission introduced "the maximum amount of loan brokerage commission system to ensure that the loan brokerage commission to loan brokers shall not exceed the amount prescribed by Presidential Decree within the limit of 5/100 of the loan amount, in order to induce the reduction of the interest burden of the loan users, as the fee is paid excessively to loan brokers due to excessive competition among credit financial institutions, such as loan capital, and the cost is high and high and high.
B In the event that it is anticipated that the profits of loan brokers who concluded a loan brokerage agreement for installment loan for used cars will decrease due to the introduction of the above "Maximum loan brokerage commission fee system", B was willing to additionally pay the "second commission fee" under the name of "profacing commission fee" in order to compensate for such profits, while paying the above loan brokerage fee in line with the upper limit.
[2] When a loan broker receives brokerage commission from a credit financial institution, he/she shall not collect brokerage commission in excess of the amount equivalent to the rate prescribed by Presidential Decree within the extent of 5/100 of the loan amount.
1. Receipt and payment of loans in excess of the brokerage commission of D;
A. Defendant C is in the Gangseo-gu Seoul Metropolitan Government AD and separate officer 201 from June 2009.