대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The defendant did not operate a loan as a business, and even if the defendant was a non-registered credit service provider, he did not receive interest at a rate exceeding 30% per annum, so the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence (5 million won of fine) imposed on the Defendant is too unreasonable.
2. Summary of the facts charged in this case
(a) Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business by each place of business;
Nevertheless, on March 12, 2012, the Defendant run a unregistered credit business by lending KRW 2 million to D without being registered with the competent authority, without being registered with the competent authority, on March 12, 2012.
In addition, the Defendant provided loans to three persons from March 12, 2012 to April 25, 2012, as indicated in the list of crimes, and operated credit business without registering the credit business.
(b) Where an unregistered credit service provider provides a loan to which restrictions are exceeded, the interest rate shall not exceed 30/100 per annum.
Nevertheless, the Defendant loaned a loan to E as referred to in the preceding paragraph to the extent that the interest rate exceeds 30% above the above 30%.
3. Determination
A. The main text of Article 2 subparag. 1 of the Act on Registration of Credit Business and Protection of Finance Users provides that "the term "credit business" means running a business of lending or arranging money, and the term "business" here refers to continuing to repeat the same act. Whether it falls under this case is simply equipped with human or physical facilities necessary therefor, such as whether lending or arranging a loan of money is continuous, whether it is business, whether it is business or not, the purpose, size, frequency, period, and appearance of such act.