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(영문) 서울남부지방법원 2018.01.12 2017고단3133
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay each fine, 100.

Reasons

On July 13, 2017, Defendant A was sentenced to five years and six months, and the judgment was finalized on October 11, 2017.

Punishment of the crime

In the name of the defendant A, the person who is not eligible for the registration of the lending company under the name of "D" and "E" is required to be registered under the name of the defendant B, and while lending the lending business to the name of the lending company, the F is responsible for loan consultation and contract affairs, and the other nameless persons are responsible for collection affairs.

In addition, the Defendants registered the lending business under each Defendant’s name at the request of the above person without his name and decided to lend the same to the person with no name.

1. On January 28, 2015, Defendant A received KRW 2 million from a person who was unable to use his/her name at a place where he/she was unable to use his/her name, and allowed Defendant A to run a lending business using the trade name of D (registration number G and telephone number H for advertisement) registered in the name of the Defendant.

Accordingly, the defendant allowed another person to engage in loan business or lend a registration certificate under the name of the defendant.

2. On July 22, 2016, Defendant B received KRW 100,000 of the principal of the existing debt from a person who was in an influence to his/her name and received additional KRW 500,000,000 from his/her name and had him/her engage in loan business using the trade name of E (registration number I, advertising telephone number J, and K) registered in the name of the Defendant.

Accordingly, the defendant allowed another person to engage in loan business or lend a registration certificate under the name of the defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the police concerning L;

1. A screen received on a specific note on a M site;

1. A screen for inquiry into the current status of D registration;

1. An application for registration of loan business, loan brokerage business, etc.;

1. Inquiry about the registration of loan business with the Financial Services Commission;

1. Integrated inquiry, etc. of registered companies;

1. Records of crime: The application of inquiry letter, such as criminal history (A) and the Acts and subordinate statutes concerning the submission of criminal records and data;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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