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(영문) 부산지방법원 2018.10.04 2018고정1137
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant and B are persons who jointly operate a mutual lending company of “C” from October 2014.

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

Nevertheless, on October 13, 2014, the Defendant, in collusion with B, lent KRW 1.4 billion to D at a location below the same time, and received KRW 80,000,000 as a commission and a prior interest. “On December 12, 2014, the Defendant: (a) prepared a loan certificate with the principal changed; (b) signed on December 12, 2014; (c) the obligor D, joint and several obligors (E; (b) the obligor, joint and several obligors (E; (c) the obligor; (d) the obligor; (d) the obligor; (d) the obligor; and (d) registered the establishment of a collateral security with the maximum amount of KRW 2.1 billion on real estate located in D, Gyeong-gu, Seoul; and (e) registered the establishment of the collateral security with the account in the name of H in the name of the bank of dispute management; and (d) registered the loan business with the loan amount of KRW 1.22 billion on November 1 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made in relation to F, I, or D;

1. Application of Acts and subordinate statutes to a certificate of borrowing money;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Business of Loaning, etc. of Specific Crimes and the Protection of Financial Users; Article 30 of the Criminal Act

2. Selection of a selective fine for punishment (any criminal history exists);

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

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

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