대부업등의등록및금융이용자보호에관한법률위반등
A defendant shall be punished by imprisonment for one year.
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.
Punishment of the crime
The defendant is a person who operates a leased enterprise under the trade name of "C" in the Yeongdeungpo-gu Seoul Metropolitan Government apartment B 104 Dong 1002.
1. A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register for each place of business with the administrative agency having jurisdiction over the relevant place of business, and shall not collect interest exceeding 25% per annum (based on the date prior to February 8, 2018) which is the statutory interest rate if an unregistered credit service provider grants a loan;
Nevertheless, the Defendant engaged in a loan business without being registered with the competent authority from August 13, 2014 to September 22, 2017, the Defendant: (a) loaned KRW 300,000 to D around August 13, 2014; (b) delivered KRW 29,000,000,000 after deducting the fee from KRW 90,000 per day; and (c) received interest of KRW 177.5% per annum by receiving payment for 90,000 per day for 90 days each day; and (d) received interest exceeding the statutory interest rate by lending KRW 339,50,00 from around the above day to September 2, 2017.
Accordingly, the Defendant did not register with the competent authorities, and received interest exceeding the statutory limit interest rate of the unregistered credit service provider.
2. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for a crime;
Nevertheless, around August 13, 2014, the Defendant loaned KRW 3 million to D who contacted with the loan advertisement log in the street around the Dongjak-gu Seoul Metropolitan Government E commercial building after checking the loan advertisement log, and received a loan from D and withdrawn the principal and interest of the loan from D to the above account, and then borrowed the check card connected with 18 accounts from 17 debtors as shown in attached Table 2 of the List of Crimes.