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(영문) 의정부지방법원 2017.11.09 2016고정1900
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Any person who intends to engage in a loan business shall register the relevant place of business with the competent authority having jurisdiction over the relevant place of business.

However, from February 23, 2011 to December 16, 2011, the Defendant run an unregistered loan business, such as lending KRW 30 million to C without registering it with the competent authority in the Gyeonggi-gun, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A copy of a protocol concerning the examination of suspect with regard to D (including the whole part of examination of suspect);

1. Copy of the police interrogation protocol regarding E;

1. A statement of transaction in agricultural cooperatives;

1. The response to business cooperation (the response materials related to unregistered registration) (the defendant and his defense counsel denied the fact of lending as a business, but it is sufficiently recognized that the defendant's lending act was "business" according to the statements of C, D, E, etc.)

Application of Statutes

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Protection of Financial Users and Registration of Relevant Acts and Subordinate Statutes concerning facts constituting a crime and the selective loan business, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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