대부업등의등록및금융이용자보호에관한법률위반
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Punishment of the crime
1. Any person who intends to engage in the business of granting or receiving money prior to the registration of loan business, etc. and violation of the Act on the Protection of Financial Users, and lending or receipt of money shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, Do Governors, and Special Self-Governing Province branches having jurisdiction over each place of business;
Nevertheless, the Defendant, without registering with the Busan Metropolitan City Mayor on November 17, 2016, run the de facto loan business by lending 6 million won to the debtor J in the “I coffee shop” located in Suwon-gu Busan Metropolitan City on November 17, 2016, as well as by lending 16 million won to 3 persons, such as the debtor J et al. up to January 11, 2017.
2. No de facto credit service provider that violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (Violation of Interest Restrictions) shall pay or receive interest exceeding 25 percent of the annual rate prescribed by the Interest Restrictions Act;
The Defendant loaned 6 million won to the obligor J at the date, time, and place specified in paragraph 1, and deducted 600,000 won from 6.6 million won and 1.5 million won and paid 5,250,000 won per day, and agreed to enter into a loan agreement to pay 100,000 won per day for 66 days each day and to receive 7.2 million won including principal and interest.
As a result, the Defendant violated the provision on the restriction of interest rates for 7.2 million won, including the principal and interest for 66 days and the court violated self-regulation (134.3% per annum).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to K and L;
1. Application of the detailed statement of deposit transactions, each loan application, investigation report (Attachment to the calculation of interest rate), and the Acts and subordinate statutes on the calculation of interest rates;
1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Preliminary Loan Business for Criminal Facts and Protection of Financial Users (No registration shall be made).