대부업의등록및금융이용자보호에관한법률위반등
A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.
When the defendant does not pay the above fine.
Punishment of the crime
[2014 Highest 3197] Defendant is an unregistered credit service provider.
No credit service provider or unregistered credit service provider may charge interest exceeding the statutory interest rate when it lends a loan.
1. The Defendant, around November 20, 2012, lent KRW 9.2 million to E at the Defendant’s residence of Goyang-gu, Ilyang-gu, Ilyang-si and 1403, and actually offered KRW 10,000,000,000 after deducting KRW 8,000,000,000,000,000,000,000,000,000 per month, and received 8,000,000 won per month (104.35% per annum) over 18 times in total.
Accordingly, the Defendant received interest exceeding the statutory interest rate as an unregistered credit service provider.
2. The Defendant, while additionally lending KRW 10 million to E at the same time and place as referred to in the preceding paragraph, additionally lending KRW 200,000 to E, paid KRW 9,100,000,000, which actually remains after deducting KRW 200,000 from the prior interest, and received interest at the annual interest rate of KRW 12,00,000 (=(70,000 x 16,000 x 16,000 x 1) for a total of 17 weeks.
Accordingly, the Defendant received interest exceeding the statutory interest rate as an unregistered credit service provider.
3. Around February 4, 2014, the Defendant lent KRW 10 million to E, and in fact, issued KRW 8.8 million after deducting KRW 200,000 and KRW 100,000,000,000,000,000 for commission. A total of KRW 12 weeks (=one million x 12 times) was repaid with interest rate of KRW 267.3% per annum.
Accordingly, the Defendant received interest exceeding the statutory interest rate as an unregistered credit service provider.
4. Around May 9, 2014, the Defendant lent KRW 13 million to E, from which he/she received KRW 200,000,000,000 from commission and KRW 1,80,000,000,000, which was calculated by subtracting KRW 1.5 million from pre-paid interest, and received KRW 15 million in total for 15 weeks (=one million x 15 times, and 164.83% per annum), and received the principal and interest of KRW 2 million in total twice.
Accordingly, the Defendant received interest exceeding the statutory interest rate as an unregistered credit service provider.
[2015 High Court Decision 236]
5. Unregistered credit business.