A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant began with the unregistered loan business from January 1, 2014, and registered the loan business under the trade name “B” on August 11, 2015.

Where an unregistered credit service provider grants a loan, it shall not receive interest exceeding the interest rate prescribed by Presidential Decree (30% per annum from October 13, 2012 to June 10, 2014, and 25% per annum from June 11, 2014).

1. On January 13, 2015, the Defendant agreed to lend 5,000,000 won to C at a coffee shop near the luminous Lighting-dong located at the time of the opening of the competition and to receive 60,000 won a daily payment for 100 days each. After lending 4,480,000 won after deducting 10,000 won a prior interest and 4,20,000 won from January 13, 2016, the Defendant violated the restriction on the interest rate by receiving the interest of 136.2% per annum from around that time to January 2016.

2. On March 9, 2015, the Defendant: (a) lent KRW 3,00,000 to the said C within the Defendant’s D vehicle parked in the iron-dong Commercial Area in the U.S. M. M., and (b) agreed to receive KRW 36,000 per annum for 100 days each; (c) lent KRW 2,820,000, which deducts the advance interest of KRW 18,000; and (d) around that time, up to June of the same year, the Defendant violated the restriction on the interest rate by receiving the interest rate of KRW 136.2% per annum by receiving the repayment of the principal and interest equivalent to KRW 3,60,000 from around the same year to June of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of details of withdrawal by member trading account;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims);

1. Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Business of Lending, etc. under relevant Acts concerning criminal facts and the Protection of Financial Users;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is necessary to strictly punish the loan business in light of the legislative intent of the law that intends to protect the financial users who are the economically weak for sentencing under Article 62-2 of the Social Service Order Criminal Act and promote the sound development of loan business.

However, the defendant is not guilty.