대부업등의등록및금융이용자보호에관한법률위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Any person who intends to engage in credit business or credit brokerage business shall file for registration with the competent authority having jurisdiction over the relevant place of business, and the maximum interest rate shall not exceed 24 percent per annum, if an unregistered credit service provider provides a loan.
Nevertheless, the Defendant did not register the credit business.
1. Around April 13, 2019, from “Cju” located in Seocheon-si B, D, with a loan of KRW 1,500,00 to D, with a interest rate of KRW 1,50,000 per annum, with a interest rate of KRW 1,860,000 per annum to refund a total of KRW 30,000 per annum for 62 days each day, with a interest rate of KRW 394.9% per annum exceeding 24% per annum.
2. On May 10, 2019, at a place where a place is unknown, a demand from D for additional loans was received, and the victim loaned KRW 2,00,000 to the victim. As described in paragraph 1, the amount receivable 1,116,000 which was not loaned was deducted as prior interest, and the amount of KRW 2,200,000 per day was deducted as 50,000 per annum, with an interest rate of KRW 1953.5% per annum to refund KRW 24% per annum per day.
3. On June 12, 2019, at a place where a place is unknown, a demand was received from D to request for additional loans, and the victim loaned KRW 3,00,000 to the victim. As described in paragraph 2, the amount receivable 2,020,000 that was not loaned as described in paragraph 2 was deducted as interest rate, and the amount that was 70,000 won was deducted as a total of KRW 3,08,000 per day for 444 days each day, with an annual interest rate of KRW 2459.2% higher than the highest interest rate.
Accordingly, the Defendant received interest exceeding the maximum interest rate of 24% per annum without registering credit business.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on the details of entry and withdrawal, details of transactions of entry and withdrawal, and calculation for the number of days;
1. Relevant Article of facts constituting an offense and the choice of a sentence for credit business;