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(영문) 의정부지방법원 2018.10.19 2018고단2164 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

A person who intends to engage in a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business.

The defendant and C, as the business owner of unregistered loan companies, are the non-registered loan companies, manage the current status of loans, advertising cards, telephone counseling, and collection, and the defendant was willing to operate the unregistered loan companies in a way that the defendant directly delivered the loan to the loan applicant and received the number of days.

Around July 3, 2017, the Defendant loaned KRW 90,000,000 to E (around 200,000,000 won on the condition that prior interest and KRW 100,000 should be repaid every 65 days on a daily basis, without registering a loan business with C, and around July 3, 2017, from July 3, 2017 to February 10, 2018, the Defendant loaned KRW 218,50,000 in total over 126 times as shown in the list of crimes in the attached Form.

Accordingly, the Defendant conspiredd with C to engage in a unregistered loan business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Report of investigation (Preparation of a list of crimes and calculation of loans);

1. Investigation report (to record the details of the loan account books);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs of seized articles, and description of borrowed books;

1. Relevant Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users, Registration of Preliminary Loan Business, etc. for Criminal facts, and Selection of fines, Article 30 of the Criminal Act, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that the Defendant engaged in lending business without registration with the competent administrative agency in collusion with C.

In order to eradicate illegal business behavior by unregistered loan companies and unfair debt collection activities, the same registration as this case is applied.

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