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(영문) 서울남부지방법원 2013.07.16 2013고정1256
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to a suspended sentence of one year and six months in Seoul Southern District Court (Seoul Southern District Court 201Da3136, 3319 (Merger), 3341 (Merger), 201), and on March 15, 2012, the Defendant was a person for whom the said judgment became final and conclusive as the withdrawal of an appeal.

[Seoul Southern District Court 2012No23/23] On January 1, 201, a loan broker does not receive a brokerage payment from a loan recipient. However, on January 14, 2010, the Defendant arranged a “C (registered titleholder: D) office located on the second floor of building B in Yeongdeungpo-gu Seoul Metropolitan Government to obtain a loan of KRW 50 million from F, and received a transfer from E to the Japanese bank account in the name of G as a brokerage commission.

2. Despite the fact that a loan broker does not receive a payment for brokerage from a lending counterpart, the Defendant, around April 7, 2010, arranged the “C” office as described in the above paragraph (1) to obtain a loan of KRW 70 million from E from F, and received a 6.5 million won as a brokerage commission from E to a bank account in the name of G.

3. Although a person who intends to run a loan brokerage business must register with the Mayor/Do Governor having jurisdiction over the relevant place of business, the defendant, without registering at the time and place specified in the above paragraph (2), operated the same loan brokerage business as described in the same paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Examination protocol of police suspect regarding D;

1. Previous records: Criminal records, etc. inquiry reports and the application of court rulings or statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Each point set forth in subparagraphs 1 and 2 of judgment: Articles 19 (2) 6 and 11-2 (2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

(b) The third point in its holding: Articles 19 (1) 1 and 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

2. Handling concurrent crimes;

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