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(영문) 의정부지방법원고양지원 2020.12.09 2020고단2541
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, each of the above three years against the Defendants.

Reasons

Punishment of the crime

Any person who intends to engage in loan brokerage business shall register with the competent authority.

On June 2016, Defendants and C conspired to engage in loan brokerage business without being registered with the competent authority as follows.

Defendant

A provides DB including personal information, such as the name and telephone number of the person who intends to obtain the loan, and Defendant B and C provided the loan to the persons listed in the above DB by telephone to receive the loan from the lending company, and they wanted to collect the fee by dividing it.

around June 8, 2016, Defendants and C were provided with KRW 180,00 through three times as the fee by phone calls from any person who intends to obtain the loan to the extent that “30% of the loan is to be made at the rate of credit low..................) notified the loan company and the loan application method, etc. to the above person, and received KRW 1.8 million through three times as the fee.

In addition, from around that time to October 26, 2016, Defendants and C provided loan brokerage services to 68 members in total and received total 165,100,100 won in total on 209 occasions as shown in the attached Table.

Accordingly, the Defendants conspired with C to engage in the loan brokerage business without being registered with the competent authorities.

Summary of Evidence

1. The Defendants’ written statement of each court statement C

1. Application of court rulings (C) investigative reports (the details of remittance A) and the details of account transactions Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crimes: Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines (the determination of a type) shall be limited to a violation of the Credit Business Act and the Debt Collection Act;

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