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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
The defendant is running a business without registration.
1. Any person who desires to operate a loan business shall register with the Mayor/Do governor having jurisdiction over the place of business;
Nevertheless, the Defendant run an unregistered loan business without the registration procedure from July 31, 2014 to July 16, 2016, by making a loan to the victim C(41 tax) and receiving interest exceeding the statutory interest.
2. No unregistered credit service provider, which operates a loan business, shall exceed 25% per annum with respect to the maximum interest rate under a contract for lending and borrowing money;
Nevertheless, on July 31, 2014, the Defendant loaned KRW 1,000,000 to the victim at the above place on July 31, 2014, the Defendant violated the interest rate limitation over 20 times, such as where the Defendant received KRW 20,000 per day, excluding KRW 100,000 per day, and received interest rate of KRW 436.7% per annum, by 65 days per day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to investigation reports (in regard to the calculation method of annual interest rate);
1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of the selective loan business, etc., and Article 19(1)1 of the Act on the Protection of Financial Users (the occupation of unregistered loan business), the main sentence of Article 3(1) (the occupation of unregistered loan business), Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 2(1) (the occupation of receiving interest exceeding the interest rate) of the Act on the Restrictions on Interest, and the choice of fines, respectively;
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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;