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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
Defendant
A is a person who engages in credit business without trade name.
Where a unregistered credit service provider engages in credit business, the interest rate shall not exceed 30% per annum.
Nevertheless, the Defendant: (a) loaned KRW 2,00,00 to E within the Seo-gu Seoul Metropolitan Government “D” on December 18, 2012; (b) loaned KRW 5,560,00 to E; (c) loaned KRW 1860,000 per annum after deducting KRW 40,000 per annum; and (d) paid interest at KRW 367% per annum for 63 days; and (b) loaned KRW 3,00 to E at the same place as above on January 2013; (c) loaned KRW 5,79,00 per annum after deducting KRW 60,000 per annum from KRW 10,000 per annum for 63 days; and (d) loaned KRW 367% per annum from the mutual debtor’s loans to the obligor’s loans located in the Dong-dong and Seo-gu Seoul Metropolitan Government on January 31, 2013; and (d) received KRW 3845,000 per annum.
Accordingly, the Defendant received interest exceeding the statutory interest rate.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes to each copy of loan;
1. Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Sentence, Articles 19 (2) 3 and 11 (1)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;