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(영문) 서울중앙지방법원 2018.10.26 2018고정1895
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

A person who intends to engage in loan business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business.

Nevertheless, on January 25, 2017, the Defendants conspired to make a loan to the competent authorities without registering the loan business or the loan brokerage business, and arranged the loan on the condition of “50 billion won of the loan, interest, 1.5% of the loan, and six months of the period of use” in the D stores on the first floor of the Jung-gu Seoul Metropolitan Government C Building.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement protocol with respect to E;

1. Application of Acts and subordinate statutes on reply to whether loan business is registered;

1. Relevant Article 19(1)1 and Article 3(1) of the Act on the Registration of Terms and Conditions for the relevant criminal facts, each of the loan businesses, etc. for the selection of punishment, and the Protection of Financial Users, Article 30 of the Criminal Act, and the selection of fines;

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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