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(영문) 의정부지방법원 고양지원 2014.07.15 2013고정436
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to engage in credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor who has jurisdiction

Nevertheless, the Defendant, without making the above registration from June 29, 2010 to December 29, 2010, operated credit business by lending money to many and unspecified persons, including lending a sum of KRW 230,000 to D at the place of business located in Mapo-gu Seoul, Mapo-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statements made by witnesses D in the fourth trial records;

1. Statement of each police statement of the defendant and D;

1. A written statement;

1. Written petition of D;

1. A money loan contract, written confirmation, notarial deed, promissory note, full certificate of registered matters, receipt, bond transfer and takeover contract;

1. Registration certificate of credit business (Evidence No. 22);

1. Application of Acts and subordinate statutes to a copy of the police interrogation protocol (Evidence No. 11) to the accused;

1. Articles 19 (1) 1 and 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012) applicable to criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument E around April 30, 2009: (a) registered credit business with the trade name “F”; and (b) the Defendant only handled D’s loan business as an employee of the above lending company; and (c) the Defendant did not engage in unregistered credit business.

2. The registration of credit business shall be made to the competent Mayor/Do Governor for each place of business, and E is merely the registration of credit business with regard to the above lending business entity as the location of its business office (see, e.g., “S., registration certificate of credit business” in the foregoing evidence).

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