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(영문) 춘천지방법원 2018.11.15 2018고단991
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From September 2009, the Defendant is a person who has been engaged in the trade business and withstanding in "C" located in Chuncheon-si B and E.

A person who intends to operate a loan brokerage business shall register with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business.

Nevertheless, on July 27, 2015, the Defendant, without registering with the competent authorities, arranged a loan of KRW 3,800,000 to obtain a loan from D, a secondhand buyer in the above C, and arranged a loan between the secondhand buyer and E for a total amount of 18 times until February 6, 2018, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol by the police for E;

1. Application of investigation reports (related to the conclusion of an entrustment contract with a motor vehicle with a credit financial institution), copies of the details of transfer of fees for each brokerage (28,29) and copies of bankbooks (30,31,32) and other Acts and subordinate statutes at each time;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Preliminary Loan Business for Criminal Facts and the Protection of Financial Users (generally, selection of fines);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have shown an attitude of reflecting the Defendant’s acknowledgement of his/her criminal act, taking into account all the circumstances, including the Defendant’s age, sex, environment, motive and circumstance of the crime, result of the crime, etc., and the conditions for sentencing as shown in the argument of the instant case, such as the following: (a) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (b) the punishment as set forth in the text.

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