Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on September 29, 2017 by the Seoul Western District Court on September 21, 2017 due to a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users, etc., which became final and conclusive on September 29, 2017.
[2] A person who intends to engage in loan business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant place of business.
Nevertheless, around February 20, 2018, the Defendant loaned KRW 1,50,00 to D without being registered with the competent authority in Seoul, Gangnam-gu, Seoul around February 20, 2018, and thereafter, from around February 25, 201, the Defendant received KRW 1,50,000 from D as the repayment of principal and interest from the above D and loaned at an interest rate of 3,650% exceeding 24% in the court. From that time, the Defendant loaned a total of KRW 2,80,000,000 to the competent authority in the same manner as shown in the list of crimes in the attached Table, and run a loan business exceeding the autonomy of the court without being registered with the competent authority.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. The investigation report (the list Nos. 12);
1. Calculation of interest rates and details of deposit transactions;
1. Previous convictions: Inquiry into criminal history, reporting of investigation (criminal records), and application of the text of the judgment;
1. Relevant Article 19(1)1, the main sentence of Article 3(1) (main sentence) of the Act on the Protection of Financial Users, registration of loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users for criminal facts (including the occupation of loan business that exceeds self-regulation, including the occupation of loan business that exceeds self-regulation), and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 10(1) and Article 8(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds [No. 1].