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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, etc. shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum (30% from April 22, 2009 to July 14, 2014).
1. On November 15, 2013, the Defendant was paid KRW 1.01% interest per day (368.68% per annum) with the principal and KRW 5.01% per day by borrowing KRW 5,9.5 million to the victim B without registering the loan business, etc. in the vicinity of Seo-gu Incheon Metropolitan City 101 Dong-gu 1402, Seo-gu, Seoyang-gu, Incheon Metropolitan City, Incheon Metropolitan City, and KRW 17 times in total from around September 28, 2015 by the following methods: (a) the Defendant was paid KRW 1.01% interest per day (368.68% per annum) with the principal and KRW 5 million after 10 days; and (b) from around that time to September 28, 2015, the Defendant received KRW 331.81% per annum to 405.5% per day from the damaged person by the above method as described in attached Table 1.
2. On July 15, 2015, the Defendant received interest equivalent to 1.01% per day (368.68% per annum) with the principal and interest of 3 million won per day, without registering the loan business, etc. at the above place and the high-level Mayor having jurisdiction over the Defendant borrowed 29.7 million won to the victim D, and received the payment of interest equivalent to 3.01% per day (368.68% per annum) with the principal and interest after 10 days thereafter. From around that time to July 2016, the Defendant received 200,000 won from the damaged person by the above method as described in the attached Table 2 of Crimes List 368.68% per annum, as in the above method.
Accordingly, the Defendant received interest exceeding 25% to 30% per annum while running unregistered loan business.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to B or D;
1. Details of transactions in a bank account under the name of the complainant, details of transactions in a suspect A's national bank account, and application of customer information statutes;
1. Registration of the relevant legal provisions concerning facts constituting an offense and the selective loan business, etc. and the protection of financial users;