Text
Defendant
A shall be punished by a fine of KRW 1,000,000.
Defendant
If A does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Any person who intends to run a credit business shall register with the head of the competent administrative agency.
Defendant
A, on September 10, 2013, without registering credit business, was engaged in unregistered credit business by lending 2 million won to victims G from the F located in front of the Seoul Jung-gu D E Station.
Summary of Evidence
1. Defendant A’s legal statement
1. The police statement concerning G;
1. A certificate of loan loan;
1. Application of Acts and subordinate statutes concerning specification of transactions;
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and the Selection of Punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant B) of the provisional payment order;
1. A person who intends to engage in credit business shall register with the head of the competent administrative agency the gist of the facts charged;
Defendant
B A around October 11, 2013, without registering credit business, run unregistered credit business, such as lending 2 million won to victims G at a multi-faceted area where the trade name in front of the Seoul Jung-gu Seoul Metropolitan Government DCE Station is unknown.
2. On the other hand, even if all the evidence requested by the prosecutor were to be considered together, there is no evidence to acknowledge that the defendant engaged in credit business without being registered with the competent authority, regardless of whether the crime of violating the Act on Registration of Credit Business, etc. and Protection of Financial Users concerning receipt of interest exceeding the statutory interest rate is established.
Thus, the above facts charged constitute a case where there is no proof of crime, and thus, the defendant B is acquitted under the latter part of Article 325 of the Criminal Procedure Act.