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1. The defendant A shall be punished by imprisonment with prison labor for a year and two months;
However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant A.
Reasons
Punishment of the crime
1. A person who intends to jointly engage in credit business, etc. by the Defendants shall register with the competent authority, and if an unregistered credit service provider grants a loan, the interest rate shall not exceed 25 percent per annum.
Nevertheless, around February 2016, Defendant A had the intent to engage in unregistered credit business that receives high interest, and offered that Defendant B will take charge of paying the loan to the employees in charge of the actual loan and collecting the loan repaid, and offered that Defendant C would request Defendant C to operate an Internet advertising program that sets up the loan advertisement on the Internet. Defendant D, E, F, G, and H would have offered that Defendant C would pay and collect the loan to the persons who actually wish to receive the loan on each day, and that Defendant B, C, D, E, F, G, and H agreed to receive high-rate interest according to the aforementioned division of roles.
The Defendants conspired and did not register with the competent authority on February 13, 2016, and provided loans of 300,000 won to K and received a total of 500,000 won (per annum 3,476%) after 7 days (per annum 3,476%). From around that time to July 2016, the Defendants provided loans of 139,100,000 won in total over 441 times as shown in the annexed crime list 1, and received total of 229,90,000 won under the pretext of principal and interest.
Accordingly, the Defendants conspired to engage in credit business without being registered with the competent authority, and received interest in violation of the restriction on the interest rate.
2. Any debt collector who violates the Fair Collection of Claims Act shall have the debtor reach the debtor or his/her related person or shall not have any legal obligation to repay any debt, by repeatedly or at night without justifiable grounds in connection with the debt collection;