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Defendant
B The Defendant A shall be punished by a fine of KRW 20,00,000, and a fine of KRW 5,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
1. The Defendants’ co-principal
A. Defendant B violated the Act on the Registration of Credit Business, etc. and the Protection of Financial Users, without having a separate office from April 2014, placed a loan advertisement on the Internet, and operated an unregistered lending company by directly visiting customers who reported and contacted the advertisement. Defendant B is a person employed by the said Defendant B and worked as a collection member.
Any person who intends to run a credit business shall register his/her business with the administrative agency having jurisdiction over the relevant business office, and shall not collect interest exceeding the maximum interest rate prescribed by Presidential Decree, if a unregistered credit service provider provides a loan.
Nevertheless, the Defendants, without registering with the competent authority on April 30, 2014, delivered KRW 2,50,000,000 per day after deducting commission and interest from C, to loan applicants, and agreed to receive KRW 50,000 per annum 60,000 per day (the annual interest rate of 363.7%) and received principal and interest pursuant to the above agreement, as shown in attached Table (1) and received 85 times in total, as shown in attached Table (1). The Defendants loaned KRW 83,890,000 in total, and received principal and interest pursuant to the above agreement.
As a result, the Defendants conspired to engage in credit business without registering with the competent authorities, and received interest exceeding the limited interest rate.
B. On May 20, 2014, Defendants in violation of the Fair Collection of Claim Act transmitted 29 times in total the text messagess from around the above time to June 29, 2014, including transmitting the letter notes stating that “I have agreed to do so. I have the honor of the employees from the day in Korea if I have come to know,” to D, the debtor, at the French site.
As a result, Defendants conspired with each other, repeatedly or at night without any justifiable reason.