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(영문) 인천지방법원 부천지원 2013.10.31 2012고단1674
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On March 26, 2009, the Defendant was sentenced to imprisonment with prison labor for 4 years and a fine of 3 million won for fraud, etc. at the Incheon District Court on September 26, 2010 and completed the execution of the sentence in the Changwon Prison on September 26, 2010.

【Criminal Facts】

1. Any person who intends to run a loan brokerage business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register with the competent authorities;

Nevertheless, on July 22, 2011, the Defendant, without registering with the competent authority, notified, “it is necessary to obtain a loan by using a vehicle as security” to the husband of the de facto marriage C, the de facto marriage husband D, and obtained a loan by using a loan brokerage method of KRW 16 million out of the proceeds of the disposal of each vehicle purchased in the name of C with the above vehicle security loan loan to a third party, and then, the Defendant conducted a loan brokerage business by using a loan brokerage method of KRW 4 million with a fee.

2. The Defendant, at the date, time, place, and place described in paragraph 1, has a method of receiving a loan from the said D on the security of the vehicle;

In the event that 16 million won is repaid within the tin month among the money created with a loan of a vehicle security in the name of the victim C, the vehicle shall be delivered to the victim as to whether the loan of a vehicle security in the name of another person is transferred to the victim.

"Falsely speaking, the victim was charged with each vehicle loan liability of KRW 20,400,000 from Hyundai Capital and KRW 26,000,000 from Aju Capital.

However, the defendant only disposes of each vehicle purchased with the installment loan in the name of the victim to a third party, and even if the victim fully pays the above 16 million won, each vehicle purchased with the installment loan in the name of the third party shall be transferred to another person or purchased with the loan in the name of the victim.

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