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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Criminal facts
1. Around December 5, 2012, the Defendant, without registering a credit business, reported to C the former part of the office No. 401 of the Yongsan-gu Seoul Metropolitan City B building B, Yongsan-gu, Yongsan-gu, Seoul Metropolitan City, stating that “A vehicle loan, credit loan, and consultation immediately is borrowed,” and provided a loan of KRW 1.5 million (1.50,000 won as prior interest) to C, and operated a credit business from December 2012 to June 2013, 2013 as indicated in the attached list of crimes.
2. On December 5, 2012, the Defendant loaned KRW 1.5 million to C at the above office, deducted KRW 1.5 million as a prior interest, and received KRW 430,000 per month (principal KRW 375,00, interest KRW 55,000) for four months.
In addition, the Defendant was paid interest exceeding the limited interest rate while lending money as stated in the attached list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
2. Statement made by the police against D;
3. Standard contract for loan transaction;
4. Application of Acts and subordinate statutes to the investigation report (No. 8 of the evidence list).
1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment recognized all the facts charged in the instant case, the scale of each of the instant offenses (the amount of transaction for unregistered credit business and the degree exceeding the limited interest rate) and the degree of damage therefrom, the degree of damage not connected to the illegal debt collection act, and other factors indicated in the arguments, including the Defendant’s age, character and conduct, environment, and criminal record, were taken into account.