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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
A person who intends to run a loan business or a loan brokerage business shall engage in a loan business after registering the loan business to the administrative agency having jurisdiction over the relevant place of business.
Nevertheless, on December 15, 2016, the Defendant, without registering a loan business to the competent authorities, made a loan agreement of KRW 3 million to the victim D at the “C” coffee shop located in Heung-gu Seoul Metropolitan Government B on December 15, 2016, and loaned KRW 2.4 million after deducting the advance interest and the advance payment, and was actually engaged in the loan business.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Report on internal investigation (referring to checking the details of liquidity transactions, attaching each deposit sheet without passbook, etc.), application of Acts and subordinate statutes to report on investigation (calculated the interest rate on loan transactions by a suspect);
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Preliminary Loan Business, etc. for Criminal Facts and the Protection of Financial Users; Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users; Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users (the receipt of interest exceeding the interest rate of a unregistered credit service provider); and the selection of fines;
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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.