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Defendants are not guilty.
Reasons
1. A person who intends to engage in loan business under facts charged shall register 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;
A. Defendant A did not register a loan business with the competent authority on April 1, 2014, and leased KRW 30 million to J (operator of I Co., Ltd.) on May 18, 2016, including lending KRW 1,30,000 to J by May 18, 2016. Defendant A borrowed KRW 8.632 billion in total over 239 times, as shown in attached Table 1, and was repaid KRW 7.486 million.
Accordingly, the defendant is running a unregistered loan business.
B. Defendant B did not register the lending business with the competent authority on October 10, 2014, and loaned KRW 250 million to J (operator of I Co., Ltd.) from around October 10, 2016 until May 10, 2016, including lending KRW 250 million to J (operator of I Co., Ltd.). Defendant B lent KRW 15.8 billion in total to J 3.28 times as shown in attached Table 2 of the List of Offenses Act, and received repayment of KRW 15.595 billion in total.
Accordingly, the defendant is running a unregistered loan business.
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, the term “business” means continuing to repeat the same act, and whether it constitutes the same shall be determined in full view of various circumstances, such as whether the lending or brokerage of money is repeated or not, whether it is business or not, and the purpose and frequency period of such act, regardless of whether it is simply equipped with necessary human or physical facilities.