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(영문) 수원지방법원안양지원 2020.09.18 2020고정257
대부업등의등록및금융이용자보호에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to engage in credit business or credit brokerage business shall make a registration in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users.

Nevertheless, the Defendant engaged in the solicitation of loans by using the name of the secretary general of the credit business and loan brokerage company, namely, Seocho-gu Seoul Metropolitan Government B building C. D.

On February 2, 2019, the Defendant, at the above D office, proposed the loan of KRW 5.5 billion to E in Jeju-do as security, and introduced the above EF to H, a credit service provider, and conducted unregistered credit business and loan brokerage business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I and J;

1. Statement made by the police with F (a copy);

1. In the investigation report (D's response), the defendant asserts that there was no intention as to the fact that the I's office of the I's certified judicial scrivener who works for the defendant was aware that the I's office was operating D and that it was an act identical to the facts stated in the crime of this case, and that it was an unregistered credit business. However, according to the evidence duly adopted and investigated by the court, the defendant is merely an employee under I's command and supervision, not an employee under I, but a person sharing the office's maintenance cost instead of using I's office's name and name. Thus, regardless of whether the defendant was unaware of the closure of I's business, the loan act or loan brokerage act of this case done independently by the defendant regardless of I constitutes unregistered credit business (Prohibition of lending under the name of credit business pursuant to Article 5-2 (5) of the Act on Registration of Credit Business, etc. and Protection

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Punishment;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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