대부업등의등록및금융이용자보호에관한법률위반
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Anyone who intends to engage in credit business shall register his/her credit business with the Mayor/Do Governor having jurisdiction over the relevant place of business, and shall not collect interest exceeding 24 percent per annum from the unregistered credit service providers, if they lend a loan.
Nevertheless, on June 15, 2018, the Defendant, without registering with the authorities, lent KRW 5,000,000 to C at the “C secondary shop” located on Pyeongtaek-si B and the second floor to C, and leased KRW 150,000 each day on a condition that 150,000 per annum be repaid for 40 days each day, at 336.1% per annum.
Accordingly, the defendant operated unregistered credit business and exceeded the limited interest rate.
Summary of Evidence
1. Defendant's legal statement;
1. Report on internal investigation (related to materials proving the act of credit business not under suspicion) - the name of the number of days D days, leaflet, and photographic materials at the control site;
1. Application of the statutes on debt data, such as the debtor C seal impression;
1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;