대부업등의등록및금융이용자보호에관한법률위반
The sentence against the accused shall be determined by a fine of KRW 1,500,000.
When the defendant does not pay the above fine.
Punishment of the crime
Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business for each place of business, and if unregistered credit service providers lend a loan, they shall not receive interest exceeding 30%
Nevertheless, the Defendant, without being registered with the competent authority on April 26, 2013, loaned KRW 1,950,000 to the victim D at the off-dong 4, Gangnam-gu, Seoul Island, Gangnam-gu, Seoul, and agreed to receive a reimbursement of KRW 2,600,000, including the interest of KRW 600,000 on May 25, 2013, the Defendant agreed to receive interest equivalent to the amount of KRW 360,000 per annum from the victim’s bank account (F) around May 31, 2013, and received KRW 80,000,000 from the victim, around June 7, 2013. < Amended by Act No. 11873, May 31, 2013>
Accordingly, the Defendant did not register with the competent authorities, and in lending to unregistered credit service providers, the Defendant violated the restriction on interest rate by receiving interest exceeding the interest rate of 30% per annum, which is the highest interest rate stipulated in the Interest Limitation Act.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes of Kakakao photographs and text messages, details of transactions of deposits and text messages, details of transactions (two million won deposited to D) by deposit money, details of transactions (1.5 million won deposited to D two times) (1.5 million won deposited to E), and records;
1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the point of receiving interest exceeding the interest rate), and the choice of fines;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;