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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person who intends to engage in a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where a person who actually engages in a loan business without registering the loan business makes a loan, he/she shall not collect interest exceeding the maximum interest rate prescribed by the Act on the Restriction of Interest.
Nevertheless, the Defendant did not make a loan business registration in collusion with B whose name is unknown, and, on October 201, lent KRW 500,000 to the victim C in front of the main apartment unit located in Ansan-si, Dong-dong, Ansan-si, Seoul-si, by deducting KRW 200,000 per share interest and receiving KRW 200,000 per share interest, thereby receiving 1,293% interest exceeding the highest interest rate of KRW 30% per annum. From that time to March 8, 2011, the Defendant received interest exceeding the highest interest rate of KRW 5 times as stated in the list of crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect by the prosecution against D or the accused;
1. Each police statement protocol with respect to E, D, F, G, H, and C;
1. Each investigation report (general) and investigation report (the content recorded in E-mail of a victim);
1. Requests (I) and replies to inquiries by subscribers, requests for search and seizure verification, and application of Acts and subordinate statutes of the details of execution thereof;
1. Article 19(1)1 and Article 3 of the Act on the Registration of Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts, Article 19(1)1 and Article 3 of the same Act, Article 30 of the Criminal Act (referring to the occupation of unregistered loan business, including the occupation of unregistered loan business), Article 19(2)3 and Article 11(1) of the Act on the Registration of Loan Business, etc., and Articles 19(2)3 and 11(1) of the Criminal Act, Article 30 of the Criminal Act (the occupation of receiving interest exceeding the interest rate), each option of fine;
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;