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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant is running a loan business by lending money after having been provided with a motor vehicle as security and deducting interest.
(a) A person who intends to run a loan business or loan brokerage business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;
Although the Defendant did not register a loan business under the above Act, on December 2, 2015, the Defendant provided D C with a 15 million Won-man-man vehicle as a security in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and borrowed 15 million won for 10 days, deducted 1.5 million won equivalent to 10% of the prepaid interest, and provided a loan to 13.5 million won. On December 7, 2015, the Defendant promised to receive BMW vehicle as a security by telephone from C to receive 22 million won, after deducting 2 million won equivalent to 10% of the prepaid interest, and did not lend a loan business under the condition that it borrowed 10 days.
(b) An unregistered credit service provider violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (limited to the interest rate of unregistered credit service providers) shall not exceed 25 percent per annum with respect to the interest rate for a loan granted by the unregistered credit service provider;
Nevertheless, as described in paragraph (1) above, the Defendant borrowed the loan to C for 10 days and deducted the prior interest from 10% per annum, thereby receiving interest equivalent to 238% per annum. The Defendant received interest exceeding the limited interest rate.
2. Determination
(a) The main sentence of Article 2 subparagraph 1 of the Act on the Registration of Loan Business and the Protection of Financial Users (hereinafter “Loan Business Act”) refers to a loan business or brokerage thereof (including delivery of money by means of bill discount, transfer security, or other similar means and brokerage of receipt and payment of money).
As defined in “business”, “business” here.