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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A person who intends to run a loan business without registration or a loan brokerage business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province branch having jurisdiction over the relevant place of business;
Nevertheless, from February 25, 2013 to May 15, 2015, the Defendant loaned KRW 369,540,000 to C in total over 31 times, as shown in the list of crimes in the attached crimes, from Seongbuk-gu Office Office Btel 826, Sungnam-si, Sungnam-si.
Accordingly, the defendant was engaged in the lending business without registering it with the competent authorities.
2. Where a credit service provider, who has not been registered, lends a loan in violation of the interest rate limitation, the maximum interest rate on the lending and borrowing contract shall not exceed 30% per annum (25% per annum from July 15, 2014).
Nevertheless, on February 25, 2013, the Defendant: (a) lent KRW 2,510,000,000, which deducts KRW 280,000 as prior interest, as prior interest; (b) the Defendant actually lent KRW 2,510,000 as prior interest; and (c) was paid KRW 280,000 at intervals of seven days and received interest at KRW 250.3% per annum.
In addition, from around that time to May 15, 2015, the Defendant loaned a loan to C over 31 times in total, as shown in the list of crimes attached hereto, and received the interest from 200.5% to 476.8% per annum and received the interest exceeding the restriction interest rate.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A list of details of loan transactions;
1. Details of transactions;
1. Details of debt repayment, etc.;
1. Application of Acts and subordinate statutes to a report on investigation (in excess of the interest rate);
1. Article 19(1)1, Article 19(2)3, Article 3, and Article 11(1)1 of the Act on the Protection of Financial Users (Amended by Act No. 13216, Mar. 11, 2015); Articles 19(1)3, and 19(2)3, and 11(1) of the same Act regarding criminal facts; the choice of imprisonment for each of the following:
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.