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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, without registering with the competent authority on April 18, 2012, lent KRW 2,00,000 to the Defendant D at the Defendant’s house located in Boan-si, Boan-si, B, after deducting KRW 260,000 from the prior interest rate, provided a loan of KRW 26,000 per day for 10 days by paying KRW 26,00 per day (313.5% per annum). In addition, the Defendant provided credit business with a total of KRW 1,308,376,50 from October 1, 2010 to August 16, 2013 as indicated in the attached list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of investigation reports (Attachment of loan details), and a statement of loans provided for in A;
1. A detailed statement of investigation report (detailed details of receipt of interest) and receipt of interest collected from A;
1. Application of the statutes on the number of days of account books, cash photographs, and copies of bankbooks;
1. Article 19(2)3 and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 1154, Dec. 11, 2012; Act No. 11504, Oct. 1, 2010; Act No. 1150, Jun. 11, 2013; Act No. 11544, Jun. 3, 2013; Act No. 11544, Jun. 13, 2013; Act No. 19(1)3 and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the receipt of interest by an unregistered credit service provider regarding loans from June 13, 2013 to August 16, 2013; Act No. 19(1)1 and (3) of the Act on the Registration of Credit Business, Etc. and Protection of Finance Users, respectively.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Not only the social harm caused by the illegal credit business and the receipt of interest exceeding the statutory limitation interest rate due to the sentencing of Article 62-2 of the Social Service Order Criminal Act, but also the Defendant’s unregistered credit business operation period and excess interest.