대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
Although the defendant is deemed to have received interest exceeding the limited interest rate under the Interest Limitation Act as stated in the facts charged, the judgment of the court below which found the defendant not guilty of having engaged in credit business is erroneous in misunderstanding of facts or misunderstanding of legal principles.
Judgment
No person who intends to engage in credit business shall register with the competent authority for each business office, and where an unregistered credit service provider lends a loan, he/she shall receive interest exceeding the interest rate of 30% per annum under the Interest Limitation Act with respect to the interest rate.
Nevertheless, around March 31, 2010, the Defendant, at the Defendant’s home located in Gwangju City, did not register credit business, received interest equivalent to KRW 5 million on a monthly interest of KRW 200,000,000 on condition of KRW 2 million until repayment was made to D, and run credit business, such as lending to three debtors as indicated in the separate list of crimes, and received interest exceeding the limited interest rate by receiving the highest interest amounting to 199.1% per annum from the obligor.
The lower court determined based on its evidence that the Defendant received interest exceeding the interest rate under the Interest Limitation Act, and lent money in the number of days, etc.
However, the lower court found the following circumstances based on evidence and found that the evidence submitted by the prosecutor alone was insufficient to recognize the Defendant as a credit service provider, thereby acquitted the Defendant.
(1) The circumstances recognized by the court below) (1) The defendant lending money is limited to six persons, such as D, E, F, G, H, I, etc., and the defendant does not lend money to a large number of unspecified persons for the same reasons as the defendant, such as holding a fraternity group as the defendant. (2) The defendant is unregistered.