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(영문) 서울중앙지방법원 2018.10.17 2018고정1362
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the District Court for fraud, etc., and the said judgment became final and conclusive on December 8, 2016.

A person who intends to engage in loan business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Do Governor having jurisdiction over the relevant place of business.

Nevertheless, the Defendant, without registering with the competent authority on October 17, 201, operated a mutual loan business office of "D" in subparagraph B B of Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, Seoul. Around October 17, 201, the Defendant entered into a loan agreement with the representative director EF and management director G about KRW 100,000,000 and KRW 807,404,000,000,000,000,000, prior interest, and KRW 907,000,000,000,000, and deducted the loan fee from around October 17, 201 to October 20, 201, and provided a loan business without registration by granting a total of KRW 72,92,596,00 from around October 17, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of the suspect of each police officer against the accused (including a protocol of examination of the suspect);

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. Each police statement in relation to G, I, J, K, F, L, or M;

1. A criminal investigation report (Attachment of a copy of relevant case records) and accompanying documents, the details of the amount lent by the victim to the victim, and the investigation report (the details of remittance);

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, a report on investigation (a) a suspect A37 and the application of the Acts and subordinate statutes attached thereto;

1. Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users and the Registration of Preliminary Loan Business, etc. for Criminal facts, Articles 19(1)1 and 3(1)1 of the same Act, and the selection of fines;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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