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(영문) 서울중앙지방법원 2017.11.03 2017고정1904
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the “D” in Article 705 of the Jung-gu Seoul Metropolitan Government C Building.

A loan broker shall not receive any payment in connection with loan brokerage (hereinafter referred to as "mediation fee") in whatsoever name, such as a fee, honorarium, or down payment, from the other party to the transaction who receives a loan.

Nevertheless, the Defendant’s attempt to borrow a loan of KRW 6 billion from the acquisition fund of “Ftel” building that was not completed at the Seocho-si from July 2016, 2016, and the Defendant found the Defendant, thereby causing damage to the Victim G (59 years and south) who waived the loan of KRW 6 billion to the Defendant.

In order to guarantee this, it is necessary to deposit and keep 3 million won in advance.

“Around July 28, 2016, from the injured party to the new bank account of the Defendant at around 09:37, the Defendant was remitted KRW 3 million under the pretext of starting money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Detailed descriptions of the details requested and a list of underwritings;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 19 (2) 6 and Article 11-2 (2) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Crimes and Articles 19 (2) 6 and 11-2 (Selection of Penalty)

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

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

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