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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. A person who intends to engage in a loan business shall register with the administrative agency having jurisdiction over the relevant place of business by place of business;
Nevertheless, on December 28, 2017, the Defendant loaned KRW 5 million to D at the C Law Firm Office located in Yangcheon-gu Seoul Metropolitan Government on December 28, 2017, and extended KRW 38,450,000 to 18 persons over 19 times from October 15, 2017 to January 17, 2018, after delivery of KRW 4830,000,000,000 per day after deducting fees from KRW 70,000,000,000,000 per day.
2. Where an unregistered credit service provider grants a loan, it shall not charge interest exceeding 25% per annum (based on the base date before February 8, 2018) which is the statutory limit interest rate;
Nevertheless, on December 28, 2017, the Defendant offered a loan of 5 million won to D from the C Law Firm Office located in Yangcheon-gu Seoul Metropolitan Government on December 28, 2017, and received 451.3% interest per year on 74 days after delivery of 100,000 won per day after deducting 70,000 won of fees and 100,000 won of advance interest, and received interest exceeding 18 times (excluding 7 times per year) from October 15, 2017 to January 17, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each police officer in D or E;
1. Reports on internal investigation (execution of warrants and submission of financial response materials);
1. Reports on internal investigation (Attachment of data on the list of loans);
1. Application of Acts and subordinate statutes to a report on investigation (Preparation of a list of crimes and calculation of interest rates);
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Terms and Conditions for the Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts, registration of each loan business, etc., Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users, and Selection of a fine (in excess of the interest rate), Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users;
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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.