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(영문) 서울동부지방법원 2013.10.02 2013고단2070
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who runs unregistered loan brokerage business in the (main) D office in Gangnam-gu Seoul Metropolitan Government, and E is a person who runs loan brokerage business in the name of "G" in Songpa-gu Seoul Metropolitan Government Ftel 603.

1. No loan broker that receives brokerage commission shall collect any consideration in connection with loan brokerage (hereinafter referred to as "mediation commission") in whatsoever name, such as commission, honorarium, or advance payment, from the opposite contractual party that borrows the loan;

A. On October 22, 2012, the Defendant in collusion with E, introduced the obligor H to the creditor I at the coffee shop near Songpa-gu Seoul High Village, and arranged a loan to enable the said H to enter into a contract to lend KRW 60 million from the said I at an interest rate of 2.5 percent per month, and received KRW 11.5 million from the said H.

B. On October 25, 2012, the Defendant conspired with E, introduced the debtor L to the creditor M at the K office located in Songpa-gu Seoul Songpa-gu Seoul High Court on a loan brokerage to enter into a loan contract with the above L at the rate of 2.5 percent per month, and received KRW 12 million from the above L.

2. Any person who intends to run a loan brokerage business without registration shall register the fact with the competent authority by place of business.

Nevertheless, on November 22, 2011, the Defendant introduced L to creditors N andO at (ju) D offices operated by N in the 3rd floor of Gangnam-gu Seoul Metropolitan Government Cbuilding, thereby mediating loans to enable the Defendant to enter into a loan contract with the above N andO at an interest rate of 2.5 percent per month, and mediating loans as described in each of the above paragraph (1).

Accordingly, the defendant is running a loan brokerage business without registering it with the competent authorities.

Summary of Evidence

1. Each legal statement of the defendant and E;

1. Each prosecutor's interrogation protocol on the accused and E;

1. Each of H, L, and P.

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