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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal Power] On April 24, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Game Industry Promotion Act at the Busan District Court on April 24, 2015, and the execution of the sentence was completed on May 12, 2015 at the Busan Detention Center.
【Criminal Facts】
Any person who intends to engage in credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and shall not receive interest exceeding 25 percent (24 percent from February 8, 2018) per annum (24 percent from February 8, 2018) which is the highest interest rate under the contract for cash lending provided for in Article 2 (1) of the Interest Limitation
Nevertheless, the Defendant, without registering a credit business with the competent authority on November 24, 2017, lent KRW 1,500,000 on the condition that 30,000 won is repaid to C from Nam-gu, Busan, by 62 days a day, from around November 24, 2017, and thereafter lent KRW 3,60,000 to April 25, 2018, as shown in the list of crimes in the attached Table, and received interest exceeding the statutory limit.
Accordingly, the Defendant operated unregistered credit business and received interest exceeding the legal interest rate.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Copy of the police statement concerning C;
1. Reports on internal investigation (attached details of deposits in days), reports on internal investigation (calculated of annual interest rates), details of entrance fees and withdrawals, and reports on investigation into suspects;
1. Previous records of judgment: Criminal records, list of related cases, copies of judgment, and application of statutes concerning personal confinement;
1. Article 19 (1) 1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Registration of Unregistered Credit Business, etc. and Protection of Finance Users, Act on Registration of Each Credit Business, etc. and Protection of Finance Users.