209 High Court Decision 0000 Violation of the Act on Registration of Credit Business and Protection of Finance Users

1. Kim 00 (60******1*******) and credit business.

Residential Chungcheongbuk-gun ○○○○ 000

Seoul Westernmun-gu 00, 000

2. New 00 (74******1********) and credit business.

Housing Gu, Gu, OOdong 00

[Reference domicile OOdong 000

For the Republic of Korea

August 30, 2010

Defendants shall be punished by fine of KRW 4,00,000.

In the event that the Defendants did not pay each of the above fines, the Defendants shall be confined in the Labor House for a period of 50,000 won converted into one day.

The provisional payment of the amount equivalent to each of the above fines shall be ordered.

Criminal facts

The Defendants, from December 5, 2007 to December 11, 2008, shall not exceed 49% per annum, if the Defendants were to operate a lending company under the trade name of "000O from old and American OOOO", and if a person who runs a credit business lends a loan to an individual, the interest rate shall not exceed 49% per annum.

The Defendants, at around February 19, 2008, lent a loan of KRW 1 million to A with the maturity of two months after the lapse of two months at the above office, agreed to receive interest of KRW 1 million on the 4th and 18th of each month and agreed to receive interest of KRW 1.6 million during the period from around that time to October 2008 and received interest of KRW 2.40% per annum.

The Defendants offered 36 times in total,00,000 won as indicated in the attached list of crimes and offered 40,010,000 won with interest payment in violation of the restriction on interest rates as above, and received interest payment in violation of the restriction on each interest rate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of a witness A and B;

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement to A by the prosecution;

1. The police statement concerning B;

1. Each investigation report (interest rate of witnesses, and other interest rates of victims);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 19(2)2 and 8(1) of the former Act on Registration of Credit Business and Protection of Finance Users (Amended by Act No. 9344, Jan. 21, 2009); Article 30 of the Criminal Act (Selection of Each Fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges Park Jong-woo