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Defendant
A shall be punished by a fine of 3,00,000 won, by a fine of 5,00,000 won, and by a fine of 5,00,00 won, and Defendant C, respectively.
Reasons
Punishment of the crime
1. Any person who intends to operate an unregistered credit business shall file for registration with the competent administrative agency having jurisdiction over the relevant place of business by place of business;
Nevertheless, Defendant A, B, and C, without registering with the competent authority on August 23, 2010, lent KRW 500,000,000 to S by means of being paid KRW 6 million for 75,000 per day, while lending KRW 500,000 per day to S, and extended KRW 500,000 from around that time to November 11, 2010 by means as described in the attached Table 3, as shown in the attached Table 3.
Accordingly, Defendant A, B, and C conspiredd to engage in credit business without registering the credit business.
2. Where a credit service provider, etc. without any restriction on loans extended to an individual, the interest rate thereof shall not exceed 30/100 per annum.
Nevertheless, Defendant A, B, and C loaned a loan to S as referred to in paragraph 1. at the same date, time, and place as the above 1.3 above, to the extent that the interest rate exceeds 30/100 per annum and exceeds 181.1% per annum, as well as that from around that time to November 11, 2010, Defendant A, B, and C loaned a loan to the S to the extent that the interest rate per annum exceeds 30/100 per annum per annum as described in the crime list 3 in the foregoing method.
As a result, Defendant A, B, and C conspired to lend more loans than the limited interest rate.
Summary of Evidence
1. The defendant A's partial statement
1. Defendant B and C’s legal statement
1. Application of the police statement law to S;
1. Relevant legal principles concerning criminal facts (defendant A, B, and C);
(a) Point of unregistered credit business: Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users, Article 30 of the Criminal Act (Appointment of imprisonment with prison labor for Defendant C and of fine for Defendant A and B);
(b) Loaning in excess of a restriction rate: Article 19 of the Act on Registration of Credit Business, etc. and Protection of Financial Users.