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(영문) 수원지방법원 안산지원 2015.07.08 2015고정290
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No loan solicitor shall receive any fee in connection with loan brokerage from the other party to the transaction in which he/she receives a loan, regardless of its name, such as a fee, honorarium, or down payment.

Nevertheless, on April 5, 2013, the Defendant, who is a loan solicitor belonging to the Korea Standards Bank, was offered a total of KRW 17,919,836 to five persons, as shown in the attached Table of Crimes, from around that time until September 2, 2013, at the Korea Standards Bank DDR (DS) Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of temporarily repaying the loan interest rate of KRW 221,10,00,00 at a relatively low interest rate, and then arranged to obtain a loan of KRW 221,10,00 from the Korean bank, etc., and then received a total of KRW 17,919,836 as the relevant fee from B, from around that time to September 2, 2013, the Defendant received a brokerage fee of KRW 69,490,877,71, as shown in the attached Table of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A certificate of borrowing;

1. Financial transactions of the principal;

1. Stockholm content;

1. Application of the detailed statement of transactions by account, details of transactions by period of receipt, and Acts and subordinate statutes on personal financial transactions;

1. Article 19 (2) 6 and Article 11-2 (2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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