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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
A person who intends to engage in loan business or brokerage business shall register with the administrative agency having jurisdiction over the relevant business.
Nevertheless, the defendant has run the unregistered loan business as follows.
A. On July 4, 2012, the Defendant: (a) provided that the Defendant paid KRW 130,000,000 to the obligor D for KRW 10,000 per day for KRW 130,000 per 10,000,000,000,000 for KRW 13,000,000,000 per day from the Defendant’s office of Gangwon-si, Gangwon-si; (b) around 1,300,000.
B. On July 5, 2012, at the same place as the above A, the Defendant, at the same time as the debtor around July 5, 2012, agreed to receive KRW 1.5 million as interest every month by setting the repayment period to three months, and deducted KRW 13.5 million as prior interest.
(c)
On June 21, 2012, the Defendant lent KRW 10 million to E in advance to the debtor at a superscoped place, and 6,50,000,000 after deducting KRW 3,50,000 from the prescopic interest, on condition that he would receive reimbursement after 10 days.
(d)
On February 5, 2012, the Defendant 10 million won on the condition that the Defendant was paid KRW 375,000 per month to the person in default of the name of the F, other than the instant case, at the non-permanent location of the date of 2012.
Summary of Evidence
1. Each legal statement of witness D and E;
1. Determination on the defendant and his/her defense counsel's assertion of passbook transactions
1. Although there is a fact that money was lent to D, etc. as stated in the summary of the argument, it does not run a business of granting money.
2. Determination
A. The main text of Article 2 Subparag. 1 of the former Registration of Loan Business and Protection of Financial Users Act (amended by Act No. 9344, Jan. 21, 2009; hereinafter the same) refers to a business of lending money or brokerage thereof (including delivery of money by means of bill discount, security, or other similar means; hereinafter “loan”).
“......”
Here, “business” continues to be the same act.