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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
A person who intends to engage in loan business shall register with a Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and if a unregistered credit service provider grants a loan, the interest rate shall not exceed 25/100 per annum.
Nevertheless, the Defendant, without registering the loan business, lent KRW 10 million to E at the Defendant’s house located in Namwon-si around January 9, 2017, and transferred KRW 10 million to the account in the name of the above E on a condition that he/she would receive interest of KRW 10 million for ten percent on ten days, and received payment of KRW 10 million from January 19, 2017, and received interest as a result of the above agreement and received payment of KRW 1 million from around that time to July 16, 2017, and received interest exceeding 25/100 per annum.
Accordingly, the defendant did not register the loan business and received interest exceeding 25/100 per annum from the debt, and the court violated the self-regulation.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the police statement made to E;
1. Details of account transactions and account transactions;
1. Investigation reports (as to correction, etc. of the amount of crime damage resulting from the details of loans and collection of interest), investigation reports (Attachment to A List of Offenses), and application of Acts and subordinate statutes attached thereto;
1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Preliminary Loan Business, etc. and Protection of Financial Users concerning criminal facts, registration of each loan business, etc., and Articles 19 (2) 3 and 11 (1) of the Act on the Protection of Financial Users, Articles 19 (1) 3 and 11 (1) of the same Act, Article 2 (1) of the Interest Limitation Act (the fact that the interest rate of a unregistered credit service provider is violated and the choice of imprisonment is imposed);
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be imposed) for concurrent crimes.