A defendant shall be punished by imprisonment for not less than eight months.

On July 14, 2016, the Defendant was sentenced to four months of imprisonment for a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users in the Seoul Eastern District Court on July 14, 2016 and the said judgment became final and conclusive on December 12, 2016.

Criminal facts

1. On April 14, 2014, the Defendant violated the Act on the Registration of Loan Business, etc. and the Protection of Financial Users: (a) registered the loan business with the trade name “D” in Seongdong-gu Seoul Metropolitan Government; and (b) revoked ex officio registration on April 28, 2015.

Where a credit service provider lends a loan to an individual, the interest rate shall not exceed 34.9% per annum, and the interest rate shall not exceed 25% per annum, if the credit service provider is unregistered.

Nevertheless, upon receipt of a request to lend KRW 2 million from E on March 25, 2015, the Defendant paid KRW 1,350,000,000 after deducting KRW 650,000 from the prior interest, and received 2,440,000,000,000, including the principal and interest, from April 27, 2015, the Defendant paid interest of KRW 950.6% per annum exceeding the autonomy of the court.

In addition, the Defendant loaned money to E four times in total from the above day to September 10, 2015, such as the list of crimes in the attached Table, and the court received the payment of interest exceeding the autonomy.

2. Around May 18, 2016, the Defendant: (a) prepared a process deed (notarial deed No. 665, 2015) which was authenticated by notary public F in Ansan-si, the Defendant was entitled to execute the said process deed; and (b) filed an order of seizure and assignment of claims against E’s pay based on the claim amounting to KRW 20 million as the claim amount; and (c) subsequently, on June 28, 2016, upon receipt of the order of seizure and assignment on May 23, 2016, the said ruling became final and conclusive on June 28, 2016.

However, in fact, the above process deed was prepared after the defendant agreed on May 18, 2015 to invalidate the process deed when he/she repaid debts with 1,350,000 won lent to E on May 18, 2015, and E paid 2,190,000 won to the defendant around June 19, 2015.