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(영문) 서울북부지방법원 2016.03.25 2015고정2679
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

No loan broker, etc. shall receive a brokerage fee in connection with loan brokerage, regardless of the name of the lending broker, such as a fee, honorarium, or down payment, from the other party to the transaction.

Nevertheless, the Defendant, in collusion with a person who was unable to obtain his name (one name B), shall:

1. On October 14, 2014, by allowing a loan broker to loan KRW 3 million to a lending company that wishes to obtain a loan from a lending company that is located near the community service center located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, by providing a loan broker to a lending company that wishes to obtain a loan, and then receiving KRW 500,000 from C as a brokerage commission;

2. On October 16, 2014, around the following: (a) around October 16, 2014, at the mutual influenite conference located in Gangseo-gu Seoul Metropolitan Government, (b) providing loan brokerage services to Hyundai Savings Bank by providing loan brokerage services; and (c) receiving KRW 800,000,000 from C as a broker fee, and the Defendant received or remitted KRW 500,000 from C;

3. around October 17, 2014: (a) around October 17, 2014, at the mutual influenite conference located in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) providing loan brokerage services to the Sungsung Savings Bank to obtain a loan of KRW 3 million; and (c) the name influencies and infinites and the Defendant was granted KRW 700,000,000 to or remitted from C as a brokerage commission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s petition;

1. Application of Acts and subordinate statutes to photograph the transfer transaction confirmation document;

1. Relevant Article 19 (2) 6 and Article 11-2 (2) of the Act on the Protection of Financial Users and the Registration of relevant legal provisions and each loan business, etc. for the selection of punishment for a crime, and Article 30 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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