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Defendant shall be punished by a fine of 6 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant operates credit business without trade name against the small-scale merchants of Gangseo-gu Seoul Metropolitan Government.
1. Any person who intends to operate a credit business shall file for registration of the credit business with the administrative agency of the area having jurisdiction over the relevant place of business by each place of business;
Nevertheless, around August 10, 2012, the Defendant loaned KRW 2 million to D who operates the 'CB' in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and operated the unregistered credit business.
2. No credit service provider shall lend money to the opposite contractual party in excess of 39% per annum (3.25% per annum);
Nevertheless, around August 10, 2012, the Defendant loaned KRW 2,00,00 to D who operated the 'Cju' store located in Gangnam-gu Seoul Metropolitan Government, and loaned KRW 1,840,000 after deducting KRW 1,640,00 as a fee, and repaid 40,000 per day for 60 days (the interest rate of KRW 334.4% per annum (27.86% per month)) and violated the interest rate limitation provisions.
Summary of Evidence
1. Defendant's legal statement;
1. Name cards for advertisements, and copies of loan documents (D);
1. Application of Acts and subordinate statutes of Part I of the interest rate calculation table;
1. Article 19(1)1 and Article 3(1)3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users for criminal facts; and selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;