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(영문) 대구지방법원 2016.10.20 2015고단3257 (1)
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant, C's co-principal loan broker, loan solicitor, unregistered credit service provider, etc. shall not receive any price received in connection with loan brokerage from the party to whom the loan was made, whatever the name is, such as commission, honorarium, and advance payment.

Around July 6, 2015, the Defendant conspired with C to publish a loan advertisement article on Internet Baber, etc., and received KRW 900,000 from D, who had reported and contacted it, by getting D to borrow KRW 3 million from a lending business entity “rbnsh” loan brokerage, and received KRW 90,000 from D as a loan brokerage fee.

2. No Defendant loan broker, loan solicitor, unregistered credit service provider, etc. shall receive any price received in connection with loan brokerage from the party to the transaction, regardless of its name, such as fees, honorariums, advance payment, etc.

On June 8, 2015, the Defendant: (a) had E borrow a loan brokerage to obtain a loan of 6 million won from a lending company in a place where Busan is located in Busan, and (b) received 1.2 million won as a loan brokerage commission from E.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Police suspect interrogation protocol regarding C;

1. Application of the Acts and subordinate statutes to the police protocol of G;

1. Relevant Article of facts constituting an offense, Articles 19 (2) 6 and 11-2 (2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, Articles 19 (2) 6 and 11-2 (2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the defendant's reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse are in a profound radius, and the amount delivered is relatively small.

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