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(영문) 부산지방법원 2014.06.19 2013노3914
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant does not pay a fine.

Reasons

1. Summary of grounds for appeal;

A. (1) The defendant's lending of money to C does not constitute a credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users, but the court below found the defendant guilty of this part of the charges. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

(2) The court below found the Defendant guilty of this part of the facts charged, since the Defendant did not take a bath in the course of demanding repayment by the victim, since it violated the Fair Collection of Claims Act, and there was an error of law that affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence on the ground of unreasonable sentencing (1.2 million won of fine) is too unreasonable.

2. Determination

A. (1) Determination of the misapprehension of the facts against the Act on Registration of Credit Business, etc. and Protection of Financial Users (A) The summary of this part of the facts charged is that any person who intends to engage in credit business shall register the credit business with the competent administrative agency, but the Defendant, without registration of the credit business, lent KRW 100,000 to C on the condition that he/she shall pay KRW 15,00 per day on November 201, 201.

In addition, if an unregistered credit service provider lends a loan, the interest exceeding 30% per annum, which is the limitation rate stipulated by the Interest Limitation Act, may not be received. However, the Defendant was granted a 169.9% interest per annum by lending KRW 1 million to C around November 201.

(B) The lower court found the Defendant guilty of this part of the facts charged on the ground of the evidence indicated in its holding.

(C) According to the main sentence of Article 2 Subparag. 1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, the term “credit business” means a business of lending money, etc., and the term “business” here is the same.

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