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(영문) 서울중앙지방법원 2013.05.28 2011고단5928 (1)
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

(2011 Highest 5928) On September 27, 2012, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on August 27, 2012, and the said judgment became final and conclusive on March 28, 2013.

A person who intends to engage in loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or Special Self-Governing Province Governors

Nevertheless, the Defendant, without registering with the competent authority on January 5, 201, stated, at the office No. 1604 of the Gangnam-gu Seoul Metropolitan Government D D Building No. 1604, that “A loan of KRW 1.1 billion shall be granted on the face of the week by paying KRW 45 million out of the loan brokerage interest and commission, etc. 53.9 million,” and received KRW 45 million from E on January 7, 2011, and arranged a loan of KRW 1.1 billion among them to F, without registering with the competent authority from December 2009 to January 201, as well as arranging a loan of KRW 1.1 billion.

Summary of Evidence

1. The witness E’s statement in the fifth trial record (the purport that he/she was introduced the Defendant that he/she borrowed KRW 1.1 billion, and that he/she acts as a broker for bonds through G, and the Defendant directly stated that he/she “I am well-known, sing about, and reliance on, the loan,” and presented the passbook that contains the previous performance of the loan)

1. Statement of the defendant in the 8th trial record (the purport that the defendant himself/herself requested F to lend eight loans in total during that period);

1. The suspect interrogation protocol of the accused against the prosecution (the defendant's interrogation protocol received 45 million won, which is part of the interest and fee of 53.9 million won from E, in advance, from E, and remitted it to G and F. If a loan is made, he would receive the remainder of 8.9 million won from E, and the extent of 1/3 of the loan would be his own share)

1. F, together with the Defendant of the police interrogation protocol regarding F, several times before two years prior to the end of each year, documents are given to him at the request of the companies that the Defendant wishes to borrow.

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