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(영문) 서울중앙지방법원 2019.01.10 2018고정2622
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 23, 2016, the Defendant established D (registration number E) a corporation for the purpose of credit business and loan brokerage business with an office located in Gangnam-gu Seoul Building C, Seoul, and registered the loan brokerage business on September 21, 2016 to the head of Gangnam-gu, Seoul, and registered the credit business on October 5, 2016.

From September 21, 2016 to October 5, 2016, the Defendant received KRW 4 million each month the credit business and loan brokerage registration certificate registered in the name of the said stock company D from September 21, 2016, and leased it to F, and had the said F engage in credit business and loan brokerage business in the name of D until July 11, 2017.

Accordingly, the Defendant allowed another person to engage in credit business under his/her name or lent his/her registration certificate.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. New registration of loan brokerage business (StateD) and new registration of loan business (StateG) under Acts and subordinate statutes shall apply;

1. Article 19 (2) 1-2 and Article 5-2 (5) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant lent his/her credit business and loan brokerage registration certificate for a considerable period of time, and the profits accrued therefrom are not significant.

However, considering the fact that the defendant confessions the crime of this case and repents the mistake, that the defendant has no record of the same crime, and that there is no record of the crime, the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and other various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime shall be

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