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1. Defendant A shall be punished by imprisonment with prison labor for ten months;
However, the execution of the above punishment against Defendant A for a period of two years.
Reasons
Punishment of the crime
1. A person who intends to run a loan business or a loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province having jurisdiction over the relevant place of business, and where an unregistered credit service provider makes a loan, the interest rate shall not exceed 25% per annum from July 15, 2014, and 24% per annum from February 8, 2018, respectively, in accordance with the Act on Interest Limitation;
Nevertheless, on November 30, 2015, the Defendant, without registering the loan business, lent 9.6 million won from the main point of “G” operated by F in Seocho-gu Seoul Metropolitan Government to F, which deducts the principal interest of KRW 10 million from KRW 10,000,000,000,000 per day, and agreed to receive KRW 12,000 per day for 10,000 per 12,000 won per day from that day to February 27, 2018, and received interest of KRW 168% per day from that day from February 21, 2015 to February 27, 2018 by the same method as in the attached list of crimes (1) and received interest of KRW 17,579,40,00 per annum from February 1, 200 to 16.37% per annum, respectively.
As a result, the Defendant did not register the lending business, and received interest exceeding the interest rate under the Interest Limitation Act over 87 times in total.
2. Where Defendant B enters into a monetary lending and borrowing contract, the interest rate shall not exceed 25% per annum (from July 15, 2014 to February 7, 2018) in accordance with the Act on the Restriction on Interest.
around March 8, 2017, the Defendant lent 8,660,000 won, subtracting 1,340,000 won from the principal from the 10 million won in advance and 1,200,000 won in advance, to I at a “J” private teaching institute operated by Gangnam-gu Seoul, Seoul, and agreed to receive 1,11,60,000 won in advance each day during 93 days in advance from March 15, 2017, and received interest of 206.4% per annum from March 15, 2017 to December 26, 2017.