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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. Any person who intends to run a credit business or a loan brokerage business without registration shall register with the competent authority having jurisdiction over the relevant place of business;
Nevertheless, around 06:00 on July 23, 2012, the Defendant engaged in credit business without being registered with the competent authority, such as lending KRW 1,00,000,000 to D from the C's bank operated by the Defendant in Ansan-si B, and remitting to E's account, etc.
2. Where an unregistered credit service provider makes a loan exceeding the interest rate, the interest rate shall not exceed 30% per annum as provided for in the Interest Limitation Act;
Nevertheless, the Defendant, at around 06:00 on July 23, 2012, remitted to D 1,000 won interest of KRW 2,00,000,000 on the condition that he/she shall be repaid the principal and KRW 1,00,000 after a month from the Cnobya of the Defendant’s operation in Ansan-si B on July 23, 2012, and received interest of KRW 240,000 per annum according to the above conditions, and received interest exceeding the limited interest rate over four times in total as shown in
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement prepared in D or F;
1. A criminal investigation report (Submission of documentary evidence of a victim);
1. Application of Acts and subordinate statutes to the investigation report (calculated interest rate, etc.);
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and Articles 19 (1) 1 and 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
4. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) of the provisional payment order include the confession and reflection of the crime of this case, the absence of the same criminal records, and other benefits acquired by the defendant from the crime of this case.