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1. Defendant A and B shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.
(b).
Reasons
Punishment of the crime
Defendant
On October 19, 2018, A was sentenced to a suspended sentence of three years and probation for one year of imprisonment for a special injury by this court. On October 27, 2018, the above judgment was finalized.
From April 2017 (Defendant A from March 2018 to August 2018), Defendant C conspiredd to engage in credit business and receive interest exceeding 24% per annum from the legal interest rate (24% per annum) by distributing the name of loan advertisement on a street and distributing the name of the employees and collecting the loan.
1. A person who intends to engage in credit business operated by a lending company with interest in excess of the registration of the Defendants, shall register his/her credit business with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, or a Special Self-Governing Province Governor, who has jurisdiction over the relevant place of business, while the unregistered credit service provider shall not receive interest exceeding 24% per annum
Nevertheless, on February 2018, the Defendants, together without registering a credit business, lent KRW 1,00,000 to D debtor D who was found to have reported the credit business advertisement in Busan on the date of February 2018, paid KRW 900,000 limited to KRW 1,30,000 per annum for 65 days each day, and received interest equivalent to KRW 436% per annum on the condition of repaying KRW 1,30,000 per annum for 65 days each day, as well as in the same manner (attached Form) from around that time to March 2018 from that time by the end of March 1, 2018, and was paid interest exceeding the statutory interest rate.
As a result, the Defendants conspired with each other to pay interest exceeding the statutory interest rate in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).