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(영문) 부산지방법원 2020.01.14 2019고정1281
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business that occupies unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over

Nevertheless, the Defendant:

(a) around February 8, 2019: (a) lent KRW 1,00,000,000,000, excluding KRW 200,000,000, to D, at the Creal estate office located in Busan B Apartment Building; (b) remitting KRW 80,000,000,000, to D’s Kaka Bank account;

B. On February 25, 2019, at the office of Creal estate located in Busan B Apartment Building, the amount of KRW 1,000,000,000, excluding the amount of KRW 200,000, prior interest, was transferred to D’s Kaka Bank account.

Accordingly, the Defendant run a credit business without registering the credit business.

2. Where an unregistered credit service provider grants a loan exceeding the interest rate, the interest rate shall not exceed 24% per annum;

Nevertheless, the Defendant:

(a) around February 8, 2019: (a) lent KRW 1,00,000,000 to D, while lending KRW 1,000,000 to D; (b) transferred KRW 80,000,000,000 to D’s Kaka Bank account; and (c) received interest equivalent to 300% per annum by remitting it to D’s Kaka Bank account;

B. On February 25, 2019, at the office of Creal estate located in the Busan B Apartment Building, the amount of KRW 1,000,000,000, which was loaned to D, and the amount of KRW 800,000,000, excluding the amount of KRW 200,000,000, was transferred to D’s Kaka Bank Account to receive interest equivalent to 300% per annum.

Accordingly, the Defendant received interest exceeding 24% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on transactions involving victims;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, registration of each credit business, etc., and protection of finance users;

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