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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Any person who intends to engage in loan business shall register his/her loan business with the competent authority, and where he/she engages in loan business with no registration, he/she shall not receive interest exceeding 25% of the annual interest.
On May 2015, the respondent loaned 1860,000 won to D at the C cafeteria located in Ansan-si, without registering a loan business to the competent authority, and received 40,000 won per annum from D for 65 days to 40,000 won per annum. In addition, from around that time to July 17, 2015, the respondent borrowed 2,4970,000 won per annum to seven debtors for total nine times as shown in the annexed crime list from around that time to around July 2015 and received interest exceeding 25% per annum from the obligor.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. Statement made by the police with regard to F;
1. Police seizure records;
1. Application of Acts and subordinate statutes to investigation reports (in calculating the interest rate), investigation reports (in the event that the defendant's additional confirmation is made, hearing statements by the victim), investigation reports (in the event of loans the defendant additionally confirmed, excess of the limited interest rate), investigation reports (in the event of loans borrowed), investigation reports (in the event
1. Article 19(1)1, Article 3(1) of the Act on the Registration of relevant legal loan businesses, etc. for facts constituting an offense and the Protection of Financial Users ( comprehensively: (a) Article 19(1)1, Article 3(1)3, Article 19(2)3, and Article 11(1) of the Act on the Registration of respective loan businesses, etc. for facts constituting an offense and the Protection of Financial Users (with regard to: (b) Article 19(2)3, and Article 11(1) of the Act on the Protection of Financial Users; (c)
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The grounds for sentencing under Article 10(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds are as follows: (a) the amount and degree of gains acquired by the defendant; (b) the gender, age, past past power relationship and economic circumstances of the defendant are comprehensively taken into account.