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(영문) 서울동부지방법원 2015.10.02 2015고정508
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

B shall be punished by a fine of 1,500,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

B is a person who has been in charge of loan brokerage and loan business at the loan brokerage office of Songpa-gu Seoul Metropolitan Government E with A from around 2011 to May 2013.

No loan broker, loan solicitor, unregistered loan broker, or unregistered loan broker shall receive any remuneration in connection with loan brokerage in whatsoever name, such as a fee, honorarium, or down payment, from the party who receives the loan.

Nevertheless, Defendant B conspiredd with Defendant B to arrange for a loan to those who wish to make a loan and to distribute the loan with fees from those who want to do so.

Accordingly, on December 7, 2012, Defendant B and A made a loan brokerage so that they may borrow money from the former employer G from the former employer G, and A received KRW 5 million as a fee for KRW 100,000,000 from the said place of business, and made a loan brokerage at the same place on December 24, 2012, and A received KRW 5 million as a fee for KRW 10,000,000 from the said place of business.

As a result, Defendant B was provided with loan brokerage fees in collusion with Defendant B.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A complaint (including a written agreement on borrowed money, a certificate of borrowed money, and a deposit slip with no passbook attached);

1. Application of Acts and subordinate statutes to investigation reports (specific in the amount of fees received by the accused);

1. Relevant criminal facts set forth in Defendant B: Articles 10 (2) 6 and 11-2 (2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act (to select a fine in general);

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: Determination on Defendant B and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant B stated the facts charged in the Seoul Eastern District Court.

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