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

Punishment of the crime

1. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;

(a) Any person who intends to engage in unregistered loan business shall register with the administrative agency having jurisdiction over the relevant place of business by place of business;

Nevertheless, the Defendant did not register with the competent authority on June 30, 2014, and loaned KRW 5,000,000 to D from the office of “C” located on the 3th floor of the Seoul Special Metropolitan City B, Busan Special Metropolitan City B to D, as well as from March 21, 2016, the Defendant engaged in a loan business without registration over 16 times in total as shown in the attached list of crimes (1) from that time until March 21, 2016.

(b) Where a credit service provider, who is not registered, lends a loan exceeding the interest rate, the interest rate shall not exceed 30 percent per annum;

Nevertheless, on June 30, 2014, the Defendant: (a) lent 5,00,000 to D from the office of “C” located on the 3rd floor of the Dasan-si B; and (b) received interest exceeding the limited interest rate of 7,50,000 won per month (211.76% per annum); and (c) received interest from that time to March 21, 2016, the Defendant paid the interest exceeding the restricted interest rate of 16 times in total, such as the part of the daily list of crimes (1).

Accordingly, the Defendant was paid interest exceeding the limited interest rate as a unregistered credit service provider.

2. Violation of the Fair Debt Collection Practices Act;

(a) No person collecting claims shall assault, threaten, arrest or detain an obligor or his/her related persons in connection with the collection of claims, or use a deceptive scheme or force against him/her;

Nevertheless, around 10:00 on May 30, 2016, the Defendant, at the “C” office located on the 3th floor of the Dasan-si B commercial building, threatened the victim D (S 49) with the phrase “the victim would die without being aware of the interest until he/she has repaid his/her name and principal,” and thereby threatening the debt holder.

(b) The claims collector shall use words such as telephone repeatedly or at night without good cause in connection with the claims collection; or