대부업등의등록및금융이용자보호에관한법률위반
Defendant
A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 1,500,000.
The above fine is imposed against the Defendants.
Punishment of the crime
Defendant
A is a person who served as an employee at the “D” credit service office operated by Defendant C.
Defendant
B is a person who has been engaged in credit business under the trade name of “E Loan(F)”.
1. Violation of the Act on Registration of Credit Business and Protection of Financial Users;
(a) Where a credit service provider lends a loan to an individual or a small-scale corporation prescribed by Presidential Decree, the interest rate shall not exceed 39 percent per annum of the interest rate prescribed by Presidential Decree within the limit of 50 percent;
Nevertheless, on April 8, 2012, Defendant B violated the interest rate limitation like the attached list of crimes, including that: (a) the lending transaction agreement was made on the condition of KRW 5 million for H and the loan, KRW 100,000 on the date of maturity, KRW 60,000 on the date of maturity, and KRW 136.2% on the annual interest rate; and (b) the principal and interest rate was imposed.
(b)in the event that an unregistered person makes a loan, the interest rate shall be 30 per annum in accordance with the Interest Limitation Act;
Nevertheless, on March 7, 2012, Defendant A violated the interest rate limit like the annexed list of crimes, including: (a) the lending transaction agreement on the condition that H and the loan 5 million won is due, (b) 100 days prior to the due date, and (c) the number of days paid at 136.2% per annum; and (b) the payment was received at 136.2% per annum.
2. A person who intends to engage in credit business or credit brokerage business in violation of the Registration of Credit Business and Protection of Financial Users Act shall file for registration with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over each place of
Nevertheless, Defendant A did not register the credit business and carried on the credit business as provided in the above 1-B.
Summary of Evidence
1. Defendants’ respective legal statements
1. Protocol concerning the suspect interrogation of each of the Defendants
1. Statement of the police statement related H;
1. Application of Acts and subordinate statutes on details of financial account transactions;
1. Defendant A of the relevant criminal facts: Registration of credit business and the registration thereof.