대부업등의등록및금융이용자보호에관한법률위반
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
1. Any person who intends to run a credit business, which is engaged in unregistered credit business, in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act, or in brokerage of receipt or payment of money, shall make a registration with the administrative agency having jurisdiction over the place of business;
Nevertheless, from May 20, 2019 to June 20, 2019, the Defendant loaned KRW 1 million to the debtor D, lent KRW 700,000 after deducting KRW 300,000 per day as commission, and paid only interest at KRW 50,000 per day. The loan principal was entered into on condition of subsequent lump-sum redemption and agreed to receive interest equivalent to KRW 2,607 per annum. In addition, as described in the attached list of crimes, the Defendant loaned KRW 6,50,00 in total seven times from April 25, 2019 to June 20, and operated credit business by applying the minimum interest rate of KRW 525% per annum, maximum2,607 per annum.
2. A credit service provider or a person who actually engages in credit business due to violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users due to violation of statutory interest rates may not charge any interest exceeding 24 percent per annum on a loan to an individual or small corporation;
Nevertheless, the Defendant violated the statutory interest rate limit by applying the same interest rate as described in paragraph (1) to the obligor D, and by applying the minimum interest rate of 525% per annum and maximum 2,607% from April 25, 2019 to June 20, 2019, as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D, E, and F;
1. Investigation report (debtor G and H counterpart investigation), investigation report (investigation report on the calculation of the interest rate and the preparation of sight table), and investigation report (Calculation of the annual interest rate with respect to debtor H);
1. Details of deposit transactions, details of deposit and withdrawal transactions, and application of Acts and subordinate statutes on the standard loan transaction contract;
1. Article 1 of the relevant Act on criminal facts and registration of credit business, etc. selective punishment, and protection of finance users;