Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to a suspended sentence of three-year imprisonment with labor for violating the Act on the Registration of Loan Business and the Protection of Financial Users at the Daejeon District Court on August 23, 2012, and the judgment became final and conclusive on August 31, 2012.

Where a unregistered credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the statutory interest rate shall not exceed 30% per annum.

Nevertheless, on April 9, 2012, the Defendant, at the office of “D” operated by the Defendant in Daejeon-gu Daejeon, entered into a verbal contract with the victim E to receive interest of KRW 40 million per month and paid the amount calculated by deducting KRW 8 million from the interest of KRW 10% per month, and received interest exceeding the autonomy of the court.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A statement of deposit and withdrawal transactions, a fair deed, a letter of decision, and a certificate of borrowed money [the defendant's defense counsel asserts that a judgment of acquittal should be pronounced on the grounds that the crime was committed before and after the first head of the crime indicated in the judgment, but the violation of the Act on the Registration of Loan Business due to Violation of Interest Rate Limitation and the Protection of Financial Users constitutes one crime at each time of violation (see, e.g., Supreme Court Decision 2008Do11235, Jan. 30, 2009). Thus, the above assertion is rejected]

1. Before judgment: Application of the search output of the case (Seoul District Court 2012 High Court 2012 High Court 2329 High Court) and the text of the judgment (Seoul District Court 2012 High Court 2329 High Court 2329 High Court);

1. Article 19(2)3 and Article 11(1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users for Criminal Facts (Amended by Act No. 11544, Dec. 11, 2012); Article 2(1) of the Act on the Restriction of Interest; Article 2(1) of the Act on the Protection of Financial Users;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;