대부업등의등록및금융이용자보호에관한법률위반
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. A person who intends to engage in a loan business without registration or business with excessive interest payment by court shall register the relevant place of business with the Mayor/Do Governor having jurisdiction over the relevant place of business, and shall not receive or pay interest exceeding the autonomy of the court;
Nevertheless, at the F office of the Defendant’s operation around July 5, 2017, the Defendant offered a loan of KRW 2 million to the obligor G, and offered a loan of KRW 300,000 to the obligor G, and received an annual interest of KRW 265% per annum exceeding the autonomy of the court due to a loan of KRW 40,000 per annum for 60 days per day on condition that the obligor would be paid the interest and principal. On August 21, 2017, the Defendant offered a loan of KRW 2 million to the obligor H, and offered a loan of KRW 30,000 per day on condition that the obligor would receive interest and principal for KRW 30,000 per day, and received a monthly interest of KRW 19.4% per annum exceeding the autonomy of the court. On November 16, 2017, the Defendant received a loan of KRW 300,000 per day on condition that the obligor would be paid the principal and interest of KRW 560,000 per day.
As a result, the Defendant run a loan business with unregistered registration, and received interest exceeding the autonomy of the law.
2. From April 1, 2017 to January 31, 2018, the Defendant engaged in a loan business with the trade name F without registration as described in paragraph 1, the Defendant placed an advertisement with the name of “F” on the street from April 1, 2017 to January 31, 2018, using the name of “the number of days of new concept loan J, unsecured/guaranteed guarantee, letterless, self-employed, preferential loan for bad women, vehicle loans such as free loans, loan of free will, loan of free will, possible monthly and monthly rent loan, and the payment date of interest on installment savings every day.”
Summary of Evidence
1. Statement by the defendant in court;
1. Each power of attorney and each copy of a loan certificate;
1. Application of Acts and subordinate statutes to details of account transactions, details of production of order for loan advertising;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;