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(영문) 부산지방법원 동부지원 2017.08.09 2017고정530
대부업등의등록및금융이용자보호에관한법률위반
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1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

1. Any person who intends to engage in a loan business without registration shall register with the Mayor/Do Governor, etc. having jurisdiction over the relevant place of business by place of business;

Nevertheless, on November 15, 2015, the Defendant lent KRW 10,000,000 to the obligor C at the Defendant’s house located in Geum-gu, Busan around November 15, 2015, and agreed to receive interest of KRW 1,00,000 per month from the obligor C. On November 16, 2015, the Defendant transferred KRW 10,000,000 to the obligor’s Agricultural Account (Account Number D) account in the obligor’s name around November 16, 2015.

Accordingly, the Defendant run the lending business without registering with the Mayor/Do Governor, etc.

2. Where an unregistered credit service provider, etc. makes a loan in excess of the interest rate, he/she shall not receive interest exceeding 25% per annum as provided for in the Interest Limitation Act;

Nevertheless, on December 1, 2015, the Defendant received 1,000,000 won via the Agricultural Cooperative Account (Account Number E) in the name of the Defendant from around December 1, 2015 in accordance with the agreement as described in the preceding paragraph, and received a total of 12 times from around October 2016 to around October 20, 2016 and received 331.818% interest for a year exceeding the autonomy of the court as interest, as described in the separate crime list.

Accordingly, the Defendant received interest exceeding the limited interest of a non-registered credit service provider.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the statement protocol to C

1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Legal Loans, etc. and Protection of Financial Users related to criminal facts, registration of loan business, etc., and Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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