대부업등의등록및금융이용자보호에관한법률위반
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. The summary of the facts charged is as follows: (a) on December 31, 2010, the Defendant, without registering a loan business; (b) on December 31, 2010, against D, running a stock company, which requires the certification of high-amount balance as a result of holding annual paid-in capital, he/she borrowed KRW 40 million as interest; and (c) transferred KRW 1.25 billion on June 19, 2012; and (d) on June 19, 2012, KRW 100,248,848,514 on December 31, 2012; (e) KRW 10,100,000 on January 24, 2013; and (e) KRW 50,000 on April 25, 2013; and (e) lent KRW 984,985,984,9850 on June 208, 2013.
Accordingly, the Defendant run the lending business without registering the lending business to the competent authorities.
2. Determination
(a) "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" in the main sentence of Article 2 subparagraph 1 of the same Act means lending money (including the delivery of money by means of discount of bills, transfer security, or any other similar method);
A business or a business of collecting claims under a loan agreement, which is acquired by transfer from a person falling under any of the following items:
The phrase “business” refers to continuing to repeat the same act. The issue of whether it constitutes a business refers to the repetition and continuity of lending or brokerage of money, business nature, purpose and size of the act, frequency, period, and appearance, regardless of whether the person or material facilities required therefor are simply equipped (see Supreme Court Decision 2008Do7277, Oct. 23, 2008). (b) In light of the above legal principles, considering the evidence submitted by the prosecution, it is deemed that the defendant lent the amount corresponding to the facts charged on the date on which the facts charged were stated in the facts charged, but the prosecutor comprehensively takes into account the following circumstances.