Text
Defendants shall be punished by a fine of KRW 7,000,000.
Defendant
If A does not pay the above fine, it shall be 100.
Reasons
Punishment of the crime
Defendant
A is the representative of Defendant B, a corporation that aims at credit business, etc.
1. Defendant A, a credit service provider, etc. was prohibited from allowing another person to engage in credit business under his/her name or lending his/her registration certificate. On July 17, 2017, the Defendant entered into an agreement to lend the name of D Limited Liability Company C located in Yeongdeungpo-gu Seoul Metropolitan Government to E, and entered into an agreement to change the contractor for the purchase of the first priority mortgage claim from Chuncheon District Court FFF to E from E to B. On behalf of the said D Limited Liability Company, Defendant A, etc. received the claim from the said D Limited Liability Company on behalf of the said Company E, followed the said D Limited Liability Company E to collect the claim under B’s name through the auction of F real estate in the name of the Chuncheon District Court on December 26, 2017, thereby allowing E to engage in credit business, etc. under B.
2. Defendant B, the representative of the Defendant, committed such a violation as above in relation to the Defendant’s business.
Summary of Evidence
1. The defendant A's partial statement
1. Each legal statement of witness G, H and I;
1. A name lending agreement;
1. Distribution schedule of the Chuncheon District Court; and
1. Application of Acts and subordinate statutes on the contract for acquisition of bonds;
1. Article 19 (2) 1-2 and Article 5-2 (5) (Selection of Fines) of the Act on Registration of Credit Business, etc. and Protection of Finance Users: Defendant B: Articles 20, 19 (2) 1-2 and 5-2 (5) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act