대부업등의등록및금융이용자보호에관한법률위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 29, 2012, the Defendant, without registering a credit business, lent KRW 1 million to C at the Defendant’s residence located in Tong Young-si B, through deducting KRW 100,000 from the interest rate, and the actual interest rate calculated at 365% per annum by receiving repayment of KRW 1 million after 10,000 per annum is 405% [i.e., interest rate = KRW 100,00 ± (100,00 won - 100,000 won) ± 10 days x 365 days x 100%, and less than decimal places].
In addition, due to an error in the calculation of the Do, there are parts in which the interest rate in the attached list of the indictment is less than the actual interest rate.
However, in light of the fact that the actual loan principal and interest amount, the period for calculating interest is specified in the facts charged and the actual interest rate is higher than the interest rate stated in the facts charged, even if the interest rate stated in the table of sight does not vary and the judgment on the establishment of the crime or the sentencing is not disadvantageous to the defendant. Thus, the above interest rate in the table of sight is stated as it is.
In addition to the receipt of interest from the time to November 17, 2018, the charged facts of 24% per annum to 30% per annum under the Interest Limitation Act, the highest interest rate of which is 109 times in total, as shown in the attached list of crimes, are stated as 24% per annum. However, it is noted as shown in the main sentence.
According to the amendment of the provisions on the highest interest rate under Article 2(1) of the Interest Limitation Act, the highest interest rate under the Interest Limitation Act was 30% per annum from June 30, 2007 to July 14, 2014, 25% per annum from the following day to February 7, 2018, and 24% per annum from the following day. The above-mentioned interest rate was 38.9% per annum to the interest rate of 38.9% per annum and 365% per annum to the interest rate of 338.5 million won.
Accordingly, the Defendant operated unregistered credit business and received interest exceeding the highest interest rate under the Interest Limitation Act.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to C, D, and E
1. Registration of relevant Article of facts constituting an offense and of credit business, etc. in the choice of punishment;