대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not engage in loan brokerage business or unregistered loan business, and did not introduce C to G, which is the operator of the F in charge of the settlement of accounts, and did not receive any interest.
Therefore, the Defendant violated the Act on Registration of Loan Business, etc. and Protection of Financial Users.
The judgment of the court below is erroneous in the misapprehension of facts.
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination
A. Before the judgment on the grounds for an ex officio appeal, the prosecutor's name of the crime at the trial of the party is "violation of the Interest Limitation Act" and the applicable law is "Article 8 (1) and Article 2 (1) of the Interest Limitation Act, Articles 30, 37, and 38 of the Criminal Act," respectively, applies for permission to change the indictment as stated in the following criminal facts. Since this court's judgment is subject to the judgment by permitting it, the judgment of the court below is no longer maintained.
B. On the assertion of mistake of facts, however, regardless of the above reasons for reversal ex officio, the defendant's assertion of mistake of facts is still subject to the judgment of the court, and this is examined.
According to the evidence duly admitted and examined by the court below, the defendant actively participated in lending KRW 1,50,000 to G at an interest rate exceeding the interest rate prescribed by the Interest Limitation Act, and the defendant's failure to repay the amount within one week of the promise of G, and then again sought money from H, and the amount exceeding the interest rate prescribed by the Interest Limitation Act exceeds the interest rate prescribed by the Interest Limitation Act, can be acknowledged as the fact that the defendant lent KRW 123,830,180 to G by subrogation.
In light of the above circumstances, even if the defendant was not directly paid interest, the defendant in collusion with C and interest exceeds the interest rate of 25% per annum under the Interest Limitation Act.