대부업등의등록및금융이용자보호에관한법률위반
1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. A person who intends to run a loan business or loan brokerage business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (unregistered loan business) shall register with the Metropolitan City Mayor, etc. having jurisdiction over the relevant place of business by place of business;
On February 17, 2014, the Defendant loaned KRW 20,00,00 on the condition that the Defendant paid 3% of the monthly loan to the borrower D as interest at the Defendant’s house located in Busan Shipping Daegu Complex 102, 4708, around February 17, 2014, and around that time, from around that time to April 28, 2015, the Defendant borrowed KRW 1,95,000 in total to eight loan applicants for 35 times as shown in the attached Table 1 of the List of Crimes from that time, and received KRW 301,820,000 in total as interest.
Accordingly, the Defendant run the lending business without registering the lending business to the competent authorities.
2. Where a credit service provider without any registration violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (Violation of Interest Limitation Rate) lends a loan, it shall not receive interest exceeding the interest rate of 25% per annum under the Interest Limitation Act (25% per annum);
From February 17, 2014 to October 17, 2014, the Defendant loaned KRW 20,000,000 to D who wish to borrow, as described in the foregoing paragraph 1, and received annual interest of KRW 6,00,000 for 287 days from October 17, 2014, and received KRW 730,000 in total over 15 times from around that time to April 28, 2015, as shown in the attached Table 2 of the List of Offenses Act, and received KRW 203,520,00 in total as interest.
Accordingly, the defendant was paid interest exceeding the interest rate under the Interest Limitation Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of statement with respect to E, D, F, G, and H;
1. A certificate of each fact of I and E;
1. Application of the Acts and subordinate statutes in each locality;
1. Registration of a legal loan business, etc. for facts constituting an offense and registration of a loan business, etc. under Articles 19(1)1 and 3(1) of the Act on the Protection of Financial Users, and registration of loan business, etc., and financial users;