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Defendant
A shall be punished by imprisonment of 10 months, by imprisonment of 8 months, and by a fine of 3,00,000 won.
Reasons
Punishment of the crime
1. Joint crimes committed by Defendant A and Defendant B
(a) A person who intends to engage in loan business or loan brokerage business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register with the competent Mayor/Do Governor;
Nevertheless, the Defendants did not register the loan business with the competent authorities, and the Defendant A had overall control over the loan business at the office located in Suwon-si D Office 101 Dong 809, Suwon-si, and the Defendant B conspired to engage in the loan business by delivering information such as the credit card holder's credit card holder's credit card merchant's credit card holder's credit card merchant's credit card holder's credit card holder's credit card holder's credit card holder's credit card holder's credit card holder's
Accordingly, on August 19, 2015, the Defendants called from the above office to the contact point of E received by the Defendant from the bromoer of personal information whose name is unknown, and would provide loans to the extent that “if only a credit card is available without document or credit inquiry.”
“After soliciting loans by means of words, confirming his resident registration number, date of association, etc. from E who applied for loans, and confirming that E’s credit card remains, Defendant B sent the said information to Defendant B by phone to the card company, and Defendant B sent the said information to an illegal discount lender whose name is unknown, and made payment of KRW 20,79,650 under the name of “Local Tax Act of Gwangju Metropolitan City”, etc., and loaned KRW 18,630,000,000 excluding fees, to E.
Accordingly, Defendants conspired to engage in loan business without being registered with the competent authority as above, and Defendant A settled a total of KRW 657,031,922 on 207 occasions from that time to February 29, 2016 by credit card, excluding fees, and Defendant B loaned KRW 475,03,239 from October 8, 2015 to February 12, 2016.