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(영문) 의정부지방법원 2016.01.22 2015고단2492
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

A person who intends to run a loan brokerage business shall register with the competent authority, and even if a person who is not registered as above does not receive a loan in connection with the loan brokerage regardless of the name, such as a fee, honorarium, or down payment, from the trading partner who receives the loan, regardless of the name, such as the above, he/she shall not receive the loan from the trading partner. However, the defendant in collusion with his/her name and in collusion with the trading partner on July 22, 2014, the defendant received a request for the loan from the C to report on the loan advertisement posted on the NA, and repaid the loan amount of KRW 750,000,000 on behalf of the defendant and his/her name, and received the loan amount of KRW 10,000 from the Insung Savings Bank under the Internet and received KRW 425,50,000 from the above C as the fee.

Accordingly, the Defendant received the consideration for loan brokerage from an unspecified number of people who reported and contacted the loan advertisement posted in NV car page, such as C, without registering it with the competent authority, while running the loan brokerage business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement, such as deposit and withdrawal, and an application for loan;

1. Application of Acts and subordinate statutes to an investigation report (Submission of data related to loans to private savings banks);

1. Relevant legal provisions of the relevant criminal facts, registration of the business of selective lending of punishment, etc., and Article 19 (1) 1, Article 3 (1) of the Act on the Protection of Financial Users (the point of unregistered loan brokerage business), Article 19 (2) 6, and Article 11-2 (2) of the same Act (the point of receiving brokerage commission) of the same Act, the selection of fines (the fact that the crime of this case was committed during the period of suspension of execution has no adverse or same criminal record, the fact that the crime of this case was committed is recognized as being committed, the fact that the crime of this case was committed is recognized as being committed, and other consideration of the period, frequency, profits, etc.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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