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Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. Although Defendant A may not receive interest exceeding 30% per annum, which is an annual interest rate under the Interest Limitation Act, in the event that Defendant A gives a loan, notwithstanding the fact that, on April 11, 2011, the Defendant loaned 1,450,000 won (in the principal amount of KRW 2 million and KRW 5,500,000,000,000,000) to C for 52 days each day, without registering the credit business, and received interest of KRW 1,550,00 per annum (in the principal amount of KRW 2,50,000,000,000,000,000) on the condition that it shall be repaid for 65 days each day around May 24, 2011.
Accordingly, the Defendant borrowed money and received interest exceeding the limited interest rate.
2. Although Defendant B may not receive interest exceeding 30% per annum, which is an interest rate under the Interest Limitation Act, in the event that Defendant B unregistered credit service provider provides a loan, the Defendant received a loan agreement of KRW 150,000 from May 30, 201 with respect to “A” as of May 24, 2011 without registration of credit business, and received interest of KRW 907.8% per annum from “C. 907.8% per annum from May 24, 2011. Around June 21, 2011, the Defendant provided a loan of KRW 4,160,00 (2.45,00 won per annum from the principal amount of KRW 7,000,000,000,000,000,000,0000 per annum, and received interest of KRW 1,025,50,000 per annum from “A,000,0000,000.
Accordingly, the Defendant borrowed money and received interest exceeding the limited interest rate.
Summary of Evidence
1. Defendant A’s legal statement
1. Protocol concerning the examination of each police suspect against the defendant B;
1. Statement of each police statement regarding C;
1. Application of Acts and subordinate statutes on trading list of self-reliance deposits;
1. Defendants of relevant criminal facts: Article 19(2)3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.