대부업등의등록및금융이용자보호에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The summary of grounds for appeal;
A. The Defendant did not receive interest exceeding 39% per annum from the victims.
In other words, the Defendant lent money to the victims, and did not deduct the number of days and documents, and in particular, the Defendant paid KRW 100,000 on July 2, 2013 and KRW 100,000 on July 10, 2013 among the details remitted to the Defendant by E, as well as KRW 100,000 on July 10, 203, the Defendant cannot be deemed as the principal and interest that the Defendant received from E in this case.
B. The Defendant did not find the victim G in H multilateral banks operated by the victim G for the purpose of collecting the claim, and did not cause fear by visiting the said victim’s home and the said H multilateral banks several times for the purpose of collecting the claim.
2. Prior to the judgment on the grounds for ex officio appeal, the lower court applied 40% per annum of Article 8 of the Act on Registration of Loan Business, etc. and Protection of Financial Users (amended and enforced by Act No. 12156, Jan. 1, 2014) to the facts constituting a crime of violation of the Act on Registration of Loan Business, etc. and Protection of Financial Users from April 24, 2013 to December 2, 2013. The lower court should have maintained the lower court’s application of the Act on Registration of Loan Business, etc. and Protection of Financial Users (amended by Act No. 9970, Jan. 25, 2010; Act No. 12156, Jan. 1, 2014; hereinafter “Loan Business Act”) inasmuch as the lower court had no further applied the Act in that it applied 50% per annum.
However, despite the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
3. Judgment on the grounds for appeal
A. Judgment 1 on the violation of the law of lending business to E is that the principal and interest that the defendant received from E and the judgment of the court below and the party concerned are legitimately adopted and investigated.