Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. A person who intends to engage in defendant A credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate shall not exceed 30 percent per annum;
Nevertheless, the Defendant, without registering with the competent Mayor/Do Governor on March 2010, set a loan of KRW 1,00,000 to the victim D with a maturity of KRW 58 days and interest of KRW 20,000 per day (per annum 188%) at 40,000,000 for 11 times as shown in the attached list of crimes, without registering with the competent Mayor/Do Governor, and received interest exceeding the limited interest rate.
2. Defendant B, at the end of February 2012, on the ground that the victim D was unable to pay interest and principal on the first day after lending money within the frequency of 22:00, the Defendant committed an act that seriously undermines the peace of private life or business by inducing fear or apprehension of the victim, by putting a bath to the victim D’s work at the above place, such as “ception, dyspath, and nat if he escaped.”
Summary of Evidence
1. Statement made by the defendant A in the first trial record;
1. Statements of Defendant B in part of the first trial records;
1. Legal statement of witness D;
1. Statement of examination of the witness to the F;
1. Each police statement of D or F;
1. Application of the Act and subordinate statutes to the G (victim D's children), a copy of the passbook, a copy of the passbook (her husband of a B-suspect A), and a statement of ordinary deposit transactions (agricultural Bank in the name of a suspect B);
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: The limited interest rate under Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the point of running a unregistered credit business), Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users.