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(영문) 서울서부지방법원 2013.09.16 2013고정2115
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who registered loan brokerage business from August 9, 2007 to August 9, 2010 with the trade name of C.

No loan brokerage company may collect a brokerage commission which is the consideration for brokerage from the opposite contractual party to a loan.

Nevertheless, on December 4, 2009, the Defendant arranged F to obtain a loan with D, E, and D to obtain a loan at a multiple location near the old-dong branch of the Korean bank located in the Chang-si, Seoul Special Metropolitan City. On December 4, 2009, the Defendant concluded a loan agreement with D, E, to lend KRW 400 million to F, and received KRW 32 million from the said loan under the pretext of brokerage commission.

As a result, the Defendant received a brokerage commission from the other party who received a loan.

Summary of Evidence

1. Defendant's legal statement;

1. The first police suspect interrogation protocol for D and E each time;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes to the statement of interest (24 pages of investigation records);

1. Article 19 (2) 6 and Article 11-2 (2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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