대부업등의등록및금융이용자보호에관한법률위반등
A defendant shall be punished by imprisonment for six 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.
Punishment of the crime
1. Any person who intends to engage in loan business shall register with the competent authority in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users, and any unregistered credit service provider shall comply with the provisions of the Act on the Restriction of Interest within the scope not exceeding 25% per annum with respect to the interest rate when the unregistered credit service provider provides a loan;
Nevertheless, the Defendant, without being registered with the competent authority on September 10, 2015, lent KRW 810,000,000, which is the amount derived from deducting the amount of advance interest from D, to D around September 10, 2015, agreed to receive repayment of the amount at the rate of KRW 3 days, 13 times of repayment, and 90,000 (695.8% of interest rate) once repayment. At around that time, the Defendant received KRW 11,40,00 from D and received interest exceeding 25% of interest rate under the Interest Limitation Act as stated in the List of Crimes.
As a result, the defendant did not register with the competent authorities and did the lending business, and received the interest exceeding the interest rate.
2. No person who violates the Electronic Financial Transactions Act shall take over any medium access to electronic financial transactions;
Nevertheless, on July 2015, the Defendant received an account (Account Number F) from a national bank account opened in the name of E for the purpose of using a unregistered loan business from a non-registered credit service provider in Gwangju around July 2015.
3. No person who violates the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds shall disguise the acquisition or disposition of criminal proceeds;
Nevertheless, on September 10, 2015, when the Defendant engaged in a loan business without registration from Japan-si around September 10, 2015, and received interest exceeding the interest rate under the Interest Limitation Act as referred to in the foregoing paragraph 1, as in the foregoing paragraph 1, the Defendant received the transfer of the principal and interest of the loan to the account of a national bank in the name of E (one bank note, account number F) that was acquired as referred to in the foregoing paragraph 2.