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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On June 1, 2018, the Defendant received a summary order of KRW 3 million due to a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users from the Daegu District Court.
【Criminal Facts】
1. A person who intends to engage in credit business, etc. which is in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users from Unregistered Credit Business shall register the relevant place of business with the competent authority having jurisdiction over the relevant place of business. The Defendant, without registering credit business, lent KRW 5,00,000 to D, and on November 4, 2016, the Defendant was running credit business by lending KRW 350,500,000, which is 7% of the principal amount under the name of the fee, to D, and paying KRW 4,650,000,000 per day after deducting the principal and interest from KRW 10,000 per day, as described in attached Table 1, including the fact that the principal and interest are to be repaid in 65 equal days from November 4, 2016 to January 23, 2019.
2. In a case where a credit service provider, who is not registered in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users due to excess of statutory interest rates, lends a loan, the maximum interest rate shall not exceed 24-25% per annum (25% per annum before February 8, 2018, and 24% per annum thereafter). However, the Defendant, on November 4, 2016, lent a loan of KRW 5,00,000 to D from the cosmetic located in Busan-gu, Busan-si, and paid KRW 4,650,000 calculated by subtracting KRW 350,000,000 per annum for principal from 100,000 per day, and agreed to pay the principal and interest on KRW 369.8% per annum per annum, with interest rate exceeding 369,000 per annum 10 to 40% per annum 20,500 per annum 140% per annum, as indicated in the attached Table 1.
3. Any person who violates the Telecommunications Business Act shall provide or lend funds; and