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The defendant shall be innocent.
Reasons
Summary of Facts charged
1. Any person who intends to engage in a credit business, which is engaged in the registration of credit business and the Protection of Financial Users Act, the delivery of money and the brokerage of receiving or receiving money, shall register with the competent authority having jurisdiction over the relevant place of business in each place of business;
Nevertheless, from June 2010 to June, 2010, the Defendant engaged in credit business by means of the number of days without trade name in the area of Pakistan.
2. Where a credit service provider without registration under the Registration of Credit Business and Protection of Financial Users Act lends a loan, the maximum interest rate under a contract for lending money shall not exceed 40 percent per annum;
Nevertheless, from June 2010 to March 201, the Defendant, while running a credit business without registration, violated the interest rate limit by 199% on a yearly rate of 100,000 won on the condition that D shall be repaid in 130,000 won per 1.3 billion won per day at the public restaurant in Pakistan-si around the end of March 201.
Judgment
The main text of Article 2 subparag. 1 of the Act on Registration of Credit Business and Protection of Finance Users provides that "the term "credit business" means the business of lending or brokerage of money." Here, "business" refers to the continuous repeating of the same act. Whether it constitutes a "business" shall be determined in accordance with social norms by comprehensively taking into account various circumstances, such as whether lending or brokerage of money is repeated or continued, whether it is a business, whether it is a business, the purpose and scale of the act, the period, and the manner of the act, regardless of whether it is simply equipped with the necessary human or physical facilities.
(2) In light of the above legal principles, the Defendant is deemed to have lent KRW 10 million to D on March 201, 201. However, in light of the above facts and the submitted evidence alone, the Defendant’s credit business stipulated in the above law.