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(영문) 인천지방법원 2017.11.10 2017고정2359
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[2] On February 11, 2015, the Defendant was sentenced to six months of imprisonment with prison labor by the Incheon District Court for the acquisition of stolen goods, etc., and the judgment became final and conclusive on November 12, 2015. On May 19, 2016, the Incheon District Court sentenced two years of suspension of execution to eight months of imprisonment with prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and decided on May 27, 2016. On April 21, 2016, the Defendant was sentenced to one year of suspension of the execution of eight months of imprisonment with prison labor for the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Incheon District Court, and the judgment became final and conclusive on January 3, 2017. On June 30, 2017, the Defendant appealed District Court was sentenced to one year and four months of imprisonment with prison labor and fine of one million won for the crime, etc.

[2] The non-registered loan broker shall not receive a loan of brokerage commission from the other party to the transaction.

The Defendant, at around August 26, 2015, arranged to obtain a loan of KRW 6 million from the mountain, machine, etc., and received KRW 1 million from D to E company bank account in the name of E used by the Defendant on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Details of loan application documents and replys to financial transaction data;

1. Previous conviction: Inquiry about criminal history, search and output of relevant cases, and application of the text of the judgment;

1. Article 19 (2) 6 and Article 11-2 (2) of the Act on the Registration of Loan Business and the Protection of Financial Users, and the Selection of fines concerning facts constituting an offense;

2. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

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

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