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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.
A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over each place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum, which is the statutory interest rate.
Nevertheless, on September 26, 2016, the Defendant, without registering a loan business to the competent authorities, lent KRW 1 million to D 20,000,000 per day on the condition that D shall be repaid at D’s coffee shop located in Busan-gu Busan-do for 65 days, after deducting KRW 120,000,000 from six (6). On September 30, 2016, the Defendant paid KRW 20,000 as principal and interest.
Accordingly, the defendant operated unregistered loan business and received interest exceeding the legal limit interest rate.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Preliminary Lending, etc. of Punishment and Protection of Financial Users concerning criminal facts; Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users; and Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users (which means the receipt of interest exceeding the interest rate of a credit service provider who has not been registered); and the selection of fines;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;