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(영문) 전주지방법원 2013.04.18 2013고단797
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall make a loan by making a transaction by credit cards or by making another person do so in excess of the actual amount of sales of goods or provision of services, etc., or by acting as an intermediary, or by acting as an intermediary therefor.

In addition, any person who intends to operate a credit business shall register the business with the related agency having jurisdiction over the business office.

C A around November 201, a person providing financing by pretending to provide a service, as if he/she paid a contribution to an entity, such as an incorporated association, E, F organization, G organization, H organization, etc., at the office of Geumcheon-gu, Seoul Special Metropolitan City around November 201.

On November 3, 2011, the Defendant: (a) obtained a non-explosive credit card in the name of the deceased from the name-explosiveer who requested the "de-explosive tin" in the above office; and (b) caused C to use the card size installed in the name of G organization to approve sales of KRW 1,760,000.

The Defendant received money from C in cash after deducting approximately 9% of the sales amount as commission fees, deducted approximately 1-2% of the sales amount from the said money from the Defendant’s fee, and arranged to lend money by paying the remaining amount to the person in default of name.

From that time to August 1, 2012, the Defendant: (a) provided C with a false sales slip of KRW 205,620,000, in total, 68 times through 68 times, as described in the crime sight table.

Accordingly, the defendant, in collusion with C, arranged financing by pretending the provision of services, etc., and operated loan brokerage business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police officer's statement of J, K, L, and M;

1. Each statement of N,O, and P;

1. Application of Acts and subordinate statutes on reply to sales details;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business and Selection of Punishment for Criminal Crimes and Protection of Finance Users, the Criminal Act;

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