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(영문) 서울중앙지방법원 2018.08.17 2018고정1408
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 7 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Any person who intends to operate a loan brokerage business shall register with the competent Mayor/Do Governor for each place of business, and shall not receive any price received in connection with the loan brokerage from the other party to the transaction.

Nevertheless, Defendant B did not register with the competent Mayor/Do Governor around October 18, 2017, and instead, Defendant B introduced the lending company as the balance for Defendant C and Defendant A to purchase the house is insufficient, and if the loan is sexually formed, Defendant B would receive about 10% of the loan from D as brokerage commission.

Accordingly, on October 18, 2017, Defendant B introduced “E”’s director F to have the said D borrow a loan equivalent to the remainder of housing sales, and as of the 19th of the same month, Defendant B arranged to enter into a loan agreement with D to obtain a loan of KRW 260 million from the said lending company at the H real estate office located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and received KRW 205 million from the said lending company at the 2nd of the new bank located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which received KRW 20.5 million as a brokerage fee from the said D, and Defendant B and Defendant A were divided into KRW 10.5 million as well as KRW 5 million, respectively.

As a result, the Defendants conspired to engage in a loan brokerage business without registration and acquired a loan brokerage fee from the other party to the transaction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of suspect C;

1. Each statement protocol with regard to I, and a complaint filed by D;

1. Investigation report (to hear statements from J excursion ships);

1. Application of the statutes governing standard terms of loan transactions;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Registration of loan business, etc. and Articles 19(1)1 and 3(1) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act (the point of a loan brokerage business without registration); registration of loan business, etc.; Articles 19(2)6 and 11-2(2) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act (the point of receiving brokerage commission).

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