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The defendant shall be innocent.
Reasons
1. A person who intends to engage in a loan business of the summary of the facts charged of this case shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor having jurisdiction over the relevant place of business.
Nevertheless, the Defendant did not register with the Jeju Special Self-Governing Province Branch, and did not lend KRW 10% interest per month to C on June 30, 2010, and lent KRW 1 million from June 30, 2010. In addition, from the above day to April 30, 2014, the Defendant run the loan business without lending KRW 196,285,00 in total on 72 occasions as shown in the daily list of crimes in the attached Table.
2. Determination
A. The main text of Article 2 Subparag. 1 of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users provides that “a loan business is engaged in a business of lending money (including providing money by means of bill discount transfer, security, or any other similar means), or a business of collecting claims under a loan agreement from a person who has registered his/her lending business pursuant to Article 3 or a credit financial institution, upon transfer of claims from a credit financial institution under a loan agreement.”
Here, “business” means continuing to repeat the same act, regardless of whether the person or material facilities required therefor are simply equipped, the determination should be made in accordance with the social norms by comprehensively taking into account the various circumstances, such as whether the loan or intermediary continues to exist, whether the person is in business or not, and the purpose and frequency duration of the act (see Supreme Court Decision 201Do1985, Mar. 29, 2012, etc.). (B) First, according to the evidence adopted and examined by the court, it is recognized that the Defendant lent KRW 196,285,00,000 to C, D, E, and F over 72 times for about 3 years and 10 months, using the account in the name of one’s own G, as indicated in the attached list of crimes, using the account in the attached list of crimes.
(c)
However, the above evidence is admitted as follows.