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(영문) 인천지방법원 2014.07.10 2014고단2722
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by a fine of four million won.

If the above fine is not paid.

Reasons

Punishment of the crime

No loan broker or unregistered loan broker shall receive any price 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.

1. The Defendants’ co-principal Defendant A is a person who engages in loan brokerage in the name of D loan brokerage in Gangnam-gu Seoul Metropolitan Government, and Defendant B is a person who works for the F Bank in Bupyeong-gu, Incheon, and has not registered loan brokerage with the competent authority.

Defendant

Upon receipt of a request for loan brokerage from many and unspecified persons, A is arranged to contact with Defendant B so that it can obtain a loan through the G bank. Defendant B conspired to receive an amount equivalent to 10 to 15% of the loan from the person who requested the loan by arranging to obtain the loan through the H branch of the G bank, and Defendant B conspired to receive an amount equivalent to 3% of the loan from the person who requested the loan.

Defendant

A around March 27, 2013, at the above D Loan Brokerage Office, requested that I obtain a loan of KRW 15 million from I, and asked Defendant B to arrange a loan through G Bank. Defendant B mediated the loan of KRW 15 million from the above G Bank through J, which was the head of H branch of the above G Bank, which had a close-friendly relationship.

Since then, Defendant A received 2.4 million won out of the 15 million won that he/she received from the above I as a fee, and Defendant B received 4.5 million won from the above Defendant A as a fee.

As a result, the Defendants conspired to receive a loan brokerage commission from I, and the Defendants received a total of KRW 1,2350,000 from around that time to April 19, 2013 as shown in the [Attachment Table Nos. 3, 4, 6, and 7] 1,235,00 won, and Defendant B received a total of KRW 3,150,000 from around that time.

2...

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