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(영문) 대구지방법원 김천지원 2017.02.22 2017고단29
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From March 2016 to October 2016, the defendant has been working as a loan collector belonging to a financial institution-related agency chain from March 2016 to October 2016.

1. No solicitor who receives brokerage fees or unregistered loan broker shall receive any consideration in connection with loan brokerage, regardless of its name, such as a commission, honorarium, or down payment, from the party to the transaction who receives the loan;

Nevertheless, on May 30, 2016, the Defendant: (a) arranged to lend an apartment mortgage loan amounting to KRW 216 million, including KRW 178 million, credit loan amounting to KRW 38 million; and (b) provided that if the loan was deposited into the Agricultural Cooperative Co., Ltd.’s account in the name of the Seoul Metropolitan City, the Defendant agreed to receive a brokerage commission by means of withdrawing KRW 2160,00,00 from the said account as a brokerage commission, using the pre-paid deposit sheet prepared by C; and (c) upon deposit of the above loan around June 2, 2016, the Defendant received a brokerage commission by withdrawing KRW 2160,000,000 from the said account.

In addition, from March 4, 2016 to September 7, 2016, the Defendant arranged loans worth KRW 2.742 billion in total on a total of 20 occasions, such as the list of crimes (1) in attached Table 20 times from around March 4, 2016 to around September 7, 2016, and received a total of KRW 4,141,000 from the other party to the loan as brokerage commission.

2. A person who intends to run a loan brokerage business without registration shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business for each place of business, and a person who runs a loan brokerage business after concluding an entrustment contract with a specific credit financial institution shall not be registered within the extent of the entrustment contract, but in such cases, a financial institution which is not the relevant financial institution and a loan brokerage business shall also be registered with the competent authority in order to run the loan brokerage business;

The defendant is a loan raiser belonging to the KOBA and entered into an entrustment contract with the KOBA (State).

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