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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Any person who intends to engage in credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and shall not, if unregistered credit service providers lend a loan, receive the interest exceeding 25% per annum which is a statutory interest rate
Nevertheless, on September 4, 2014, the Defendant, without registering a credit business, loaned KRW 3,600,000 to 27 persons, including B, from July 2014 to March 2015, the Defendant agreed to collect KRW 50,000 per day as principal and interest for 72 days after deducting KRW 3,610,000,000 from the agreed principal of KRW 3,000,000,000,000, and received KRW 38,836,92 (the total amount of interest received, 43,151,98, 98, 3747, 97, 97, and 97,000) in excess of the statutory interest rate, without registering the credit business as shown in the attached list of crimes, from around July 2014 to March 2015.
Accordingly, the Defendant, without registering, engaged in credit business, and received interest exceeding the statutory limit interest rate.
2. No person who violates the Act on the Regulation and Punishment of Criminal Proceeds Concealment shall disguise the acquisition or disposition of criminal proceeds;
Nevertheless, from the end of July 2014 to March 30, 2015, the Defendant received interest from 27 persons, including B, who engage in credit business with no registration as shown in the separate sheet of crime, and who exceeded the statutory limit. In order to make it difficult to specify, track, or detect the above funds, the Defendant received the money from a new bank account in the name of C, other than the Defendant, to transfer the money to a new bank account in the name of C (D), and the above C acquired funds as normal transactions regardless of the Defendant’s credit business.