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(영문) 춘천지방법원 속초지원 2016.04.27 2015고단581
대부업등의등록및금융이용자보호에관한법률위반
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Defendant shall be punished by imprisonment for one year and a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to engage in loan business without registration shall register with the competent authority having jurisdiction over the relevant place of business, for each place of business;

Nevertheless, on October 7, 2011, the Defendant loaned a total of KRW 20 million to D from around 20,000 to January 5, 2015, as shown in the list of crimes in attached Form 47 times, as well as a total of KRW 89,100,000,000,000 from around 20 to around 30,000.

Accordingly, the Defendant did not register the loan business and run the loan business.

2. Where an unregistered credit service provider grants a loan, the interest rate shall not exceed 40% per annum (before October 26, 201), or 30% per annum (from October 26, 201 to July 14, 201) or 25% per annum (the point after July 15, 2014).

Nevertheless, on October 7, 2011, the Defendant loaned KRW 20 million to the said D at a non-permanent place, and concluded a loan agreement with a view to receiving KRW 22 million per annum, including the principal and interest after one month, with a view to paying interest of KRW 120 million per annum, and thereafter, from around that time to January 5, 2015, the Defendant loaned a total of KRW 47 times in total to two persons, such as the list of crimes in the attached list.

Accordingly, the Defendant received interest in excess of 40% per annum or 30% per annum or 25% per annum.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of witness D, E, and F;

1. Each police statement made to D or E;

1. A list of details of loan transactions with the recipient A;

1. Report on internal investigation (a) (Attachment to the formula for calculating the interest rate for the amount loaned by A);

1. Application of the Acts and subordinate statutes governing the calculation of crime sights and interest rates;

1. The registration of the relevant legal loan business, etc. for criminal facts and the protection of financial users under Article 19(1)1 and Article 3 of the Act on the Protection of Financial Users (including the occupation of unregistered loan business, including the occupation of loan business), loan business, etc.

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