A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any person shall register a loan business with the competent authority in order to engage in a loan business, and where an unregistered large enterprise loans, he/she shall not receive interest exceeding the interest rate of 25% per annum.

Nevertheless, on June 21, 2016, the Defendant did not register a loan business with the competent authority, delivered 1.66 million won after deducting 3.4 million won from the pre-paid interest at the coffee shop located around the 201-ro, Gangnam-gu, Seoul, by lending 200,000 won to B, and then received 367.4% interest at the rate exceeding 25% per annum by receiving 40,000 won per day from B during 54 days from June 2, 2016 to March 22, 2017.

Accordingly, the Defendant received interest exceeding the statutory limit interest rate while running a unregistered loan business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on transaction details, account details, list of personal loans, list of crimes, and calculation of interest rates;

1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (referring to the operation of unregistered loan business), registration of each loan business, etc., and Articles 19(2)3 and 11(1) (referring to the receipt of interest exceeding the restricted interest rate) of the Act on the Protection of Financial Users, and the choice of imprisonment, respectively;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., the facts that the defendant led to the crime of this case and repents