beta
(영문) 청주지방법원 2012.10.18 2012고정740

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to operate a credit business shall operate the business after registering with the competent Mayor/Do governor, but the defendant, without registering the credit business, has run a unregistered credit business, such as lending a total of KRW 39 million to C, etc. within the defendant's residential area from May 31, 2003 to August 30, 2008, without registering the credit business.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police with respect to C and D;

1. Application of an agreement, a certified copy of an authentic deed;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business and the Protection of Finance Users (Amended by Act No. 9344, Apr. 22, 2009) relating to facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that lending money to C, etc. is only personal-friendly and not a business of lending money to C, etc. as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act.

Article 2 Subparag. 1 of the Act on Registration of Credit Business and Protection of Finance Users provides that "credit business" means a business of lending money (including lending money by bill discount, transfer for security, or by any other means similar thereto; hereinafter referred to as "loan"), or a business of collecting claims arising from a loan agreement from a person who has registered a credit business pursuant to Article 3 (hereinafter referred to as "credit business entity") or a credit financial institution, upon transfer of claims under a loan agreement, shall be conducted."

Here, the term "business" means continuing to repeat the same act, and whether it constitutes such act is simply equipped with human or physical facilities, regardless of whether it is a repetition or continuity of monetary lending or brokerage, whether it is business, and whether it is business.