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(영문) 춘천지방법원 2018.10.04 2017고단1012
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Defendant B was sentenced to a suspended sentence of ten months on October 7, 2014 for a crime of forced indecent act committed by the Chuncheon District Court, and the judgment became final and conclusive on September 3, 2015. On February 16, 2016, Defendant B was sentenced to a suspended sentence of one year and two months on February 5, 2016 for a crime of opening gambling spaces at the Daegu District Court.

【A loan broker who is not a party to a transaction” shall not receive a loan from the other party to the transaction, regardless of the name of the broker, such as a fee, honorarium, or down payment.

Nevertheless, on November 1, 2010, the Defendants established a call center at a non-permanent place within the city to move in the Republic of China of the People's Republic of China, employed a shipbuilding staff, and let them arrange for a loan by calling to an unspecified number of people in the Republic of Korea.

After doing so, in mind to receive money from the other party to the transaction with the intention to receive money for the consideration, introducing the lending company by telephone to C, causing a loan to C through the brokerage company, and receiving KRW 800,000 from C as the national bank account in the name of Defendant B from January 7, 201 to January 7, 201, and received KRW 55,070,000 in total from the other party to the transaction over 113 times, as shown in the list of crimes in the attached Table.

As a result, the Defendants conspired to act as a broker for unregistered loan, and received the price related to the brokerage from the trading partner.

Summary of Evidence

1. Defendant B’s legal statement

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Individual entry and departure status, official notices notified by the Korea Loan Finance Association, details of transactions, investigation reports (netly 9,16), details of entry and departure, and certificate of registration of loan brokerage business;

1. Previous convictions: Inquiry into criminal history, application of each judgment, and application of Acts and subordinate statutes verifying the date of each judgment becomes final;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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