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Defendant
A Imprisonment for one year, Defendant B’s imprisonment for eight months, and Defendant C for a fine of 5,00,000 won, respectively.
Defendant .
Reasons
Punishment of the crime
1. Defendant A
A. The Defendant violated the Act on the Registration of Loan Business, etc. and the Protection of Financial Users from around January 2014, operated a loan business without registering the loan business. From around January 2015 to September 20, 2016, the Defendant engaged in a loan business with having been employed as an employee at the office of unregistered loan business operated by B located on the first floor below the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F building. From May 2017 to June 12, 2017, the Defendant operated a loan business with funds from B.
A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business for each place of business, and where a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding 25% per annum.
In doing so, on May 2, 2017, the Defendant, in collusion with B, did not register the lending business, agreed to obtain KRW 310,000 per annum by deducting KRW 3.1 million from the prior interest at H coffee shop located in Gwanak-gu in Seoul Special Metropolitan City, and agreed to receive KRW 30,000 per annum for 33 days each day by paying KRW 33.9% interest.
In addition, the Defendant, in collusion with B by the foregoing method (as shown above, No. 1 of the Schedule of Attached Crimes (A), was offered by the Defendant alone without being offered with B). From October 29, 2014 to June 8, 2017, the Defendant agreed to receive a total of 116% annual interest rate of 163.4% or 16.6% from around 116 to around 16, as shown in the Schedule of Attached Crimes (A), and received interest exceeding 295 million won by lending a total of KRW 295 million.
(b) No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for a crime;
1) Nevertheless, the Defendant, at around July 16, 2015, borrowed 4 million won to J as stated in the List of Crimes (A) Nos. 16 in Seoul Special Metropolitan City around July 16, 2015, and used it to repay the loan.