대부업등의등록및금융이용자보호에관한법률위반
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who has not registered a loan business.
On April 13, 2012, the Defendant: (a) lent KRW 100 million to B; (b) actually paid KRW 87 million, excluding advance interest, etc.; and (c) loaned money under the condition that the Defendant would receive KRW 13 million each month after each month (i.e., KRW 1 million (i., KRW 3 million); and (d) received KRW 27 million from B nine times from May 13, 2012 to January 14, 2013.
In addition, from around that time to April 2014, the Defendant loaned money to B over 22 times as shown in the list of crimes in the attached Table, and received interest exceeding 30% per annum of the statutory maximum interest rate.
Accordingly, the Defendant violated the restriction on interest rate in relation to the act of lending without registration.
Summary of Evidence
1. Legal statements by witnesses B and C;
1. Each investigation report (the submission of a suspect's statement of account transactions, confirmation of crime list, response to materials for investigation with D Association) / [the defendant did not engage in lending business];
The argument is asserted.
The term "loan business" in the main sentence of Article 2 subparagraph 1 of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users means a business of lending money (including the grant of money by means of bill discount, transfer security, or any other similar means), a person who has registered a loan business under Article 3, or a credit financial institution to collect claims arising from a loan agreement by transfer.
“.......”
Here, “business” means continuing to repeat the same act, and whether it constitutes a business thereof shall be determined in accordance with the social norms by comprehensively taking into account various circumstances, such as whether the lending or brokerage of money is repeated or not, whether the business is conducted or not, and the purpose and frequency duration of the act, regardless of whether the act was simply equipped with human or physical facilities necessary therefor (see Supreme Court Decision 2002Da1248, May 2, 2012