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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Where a credit service provider grants a loan to an individual, the interest rate shall not exceed 27.9% per annum from August 29, 2017 and 24% per annum from February 8, 2018, respectively.
Defendant
A around October 20, 2016, after registering a loan business with the trade name "D" in Seocho-gu Seoul Metropolitan Government, the lending company is operated, and Defendant B has overall control over the loan applicant's consultation, preparation of loan documents, and delivery of loan amount in the above lending company.
Defendant
B around January 24, 2017, the Gangnam-gu Seoul, Seoul, lent the principal of KRW 3 million to E from KRW 3,50,000 to KRW 4,50,000,000,000 after deducting the principal of KRW 3,000,000 from KRW 4,50,000,000, and agreed to receive a total of KRW 3,60,000,000 for KRW 4,50,000 from the principal of KRW 3,00,00,000,000, and Defendant A received interest from the said Party from the said Party at around KRW 4,50,00,00 per annum.
The Defendants, from January 24, 2017 to February 8, 2018, leased a total of KRW 1,9550,000 per annum to E by the same method six times, such as the written list of crimes, and received each interest of KRW 380.7% to 479.5% per annum.
Accordingly, the Defendants conspired to collect interest in excess of the statutory interest rate on six occasions in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a copy of a loan business registration certificate, a copy of bonds, and a statement of account transactions;
1. The Defendants of relevant criminal facts: Articles 19(2)3 and 8(1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users, Article 30 of the Criminal Act, and the choice of fines for negligence (it shall be considered that the degree exceeding the restricted interest rate is less than that of the Defendants, but the Defendants do not have the same criminal records except for one time before the fine, and that the size of the loan is less than that of the same kind);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;