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(영문) 대구지방법원 경주지원 2016.11.10 2016고정190
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

From August 19, 2010 to Daegu-gu, 102 Dong-dong 507, the Defendant is a person who runs the D loan brokerage business as the representative of the mother-friendly C.

1. No loan brokerage company that violates the Act on Registration of Credit Business, etc. and Protection of Financial Users shall collect any consideration for brokerage (hereinafter referred to as "mediation commission") from the opposite contractual party who borrows it;

Nevertheless, the Defendant and E are recruited to receive brokerage commission from the loan applicant, and E was transferred 300,000 won from F to the post office account in the name of the above C, after mediating F from the above office to the mountain and loan company on October 24, 2013.

As a result, the Defendant in collusion with E received a brokerage commission from the other party who received a loan.

2. On November 12, 198 of the same year, the Defendant, while receiving 29.5 million won from the Victim F to the said account as a loan repayment and being kept for the victim, embezzled by arbitrarily consuming it on December 12 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to file a complaint, details of account transactions, investigation reports (in cases of submitting materials by a complainant-person and records of loans);

1. Article 19 (2) 6 and Article 11-2 (2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Articles 30 and 355 (1) of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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