대부업등의등록및금융이용자보호에관한법률위반등
A defendant shall be punished by imprisonment for a period of five months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Registration of loan business, etc. and violation of the Act on Financial Users;
(a) Where a credit service provider who has an unregistered loan business intends to continue to engage in a loan business even after the period of validity of registration, it shall file an application for renewal of registration with the Mayor/Do Governor;
Nevertheless, the Defendant did not file an application for renewal of registration despite the expiration of the term of validity of the loan business registration on December 2, 2013 and carried out a loan business with the trade name "D" from December 3, 2013 to April 25, 2014.
(b) If a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed 39% per annum, and, if a unregistered credit service provider (including a person who actually engages in loan business without renewal of registration) lends a loan, the maximum interest rate under a contract for lending and borrowing money shall not exceed 30% per annum;
Nevertheless, on September 1, 2013, the Defendant loaned one million won to the victim E at the above office on September 1, 2013, and entered into a contract under the condition that 300,000 won is deducted under the name of prior interest, etc., and one million won is repaid after 10,000 won, and received interest at the rate of 1,564% exceeding the above interest rate.
2) On September 11, 2013, when lending 1.5 million won to victims E at the above office, 1.5 million won was deducted under the name of prior interest, etc., and 1.5 million won was contracted under the condition that 1.5 million won was repaid after 10 days, and 1,564% interest was paid at the rate exceeding the above interest rate.
3) On October 10, 2013, when loaning 1.5 million won to the victim E at the above office, 1.55 million won was deducted under the name of prior interest, etc., and 1.5 million won was entered into a contract on the condition that 1.5 million won was repaid after 10 days, with interest rate of 1,564% exceeding the above interest rate.
4) On October 30, 2013, when lending one million won to the victim E at the above office on October 30, 2013, 700,000 won after deducting three million won under the name of prior interest, etc., and one million won after ten days.