A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From January 2016, the Defendant is a person who has run a loan business in the city-type residential housing of Dongdaemun-gu Seoul Metropolitan Government building C from January 1, 2016.

A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business for each place of business, and where a unregistered credit service provider grants a loan, he/she shall not collect interest exceeding 25% per annum, which is the statutory interest rate.

Nevertheless, without registering the loan business, the Defendant loaned 300,000 won to the F, who contacted with the branch in the notarial office located in Dongdaemun-gu Seoul Metropolitan Government D and 4th floor E 2, on October 24, 2016, and entered into a loan agreement to deliver 2,70,000 won after deducting 300,000 won from 30,000 won per annum, and to pay 182.7% interest per annum from January 4, 2016 to February 14, 2017, respectively, received interest exceeding 25% per annum, as shown in the attached list of crimes.

Accordingly, the defendant operated a loan business without registering the loan business to the competent authorities, and received interest exceeding the statutory limit rate of the unregistered credit service provider.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F, G, H, I, and J;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of the account details of a national bank submitting a suspect);

1. Registration of the relevant legal loan business, etc. for criminal facts and the protection of financial users: Articles 19(1)1 and 3(1) (a) of the Act on the Registration of Financial Services and Loan Business, and the Protection of Financial Users; Articles 19(2)3 and 11(1) of the Act on the Registration of each Loan Business and Protection of Financial Users (a violation of restrictions on the interest rates of unregistered credit service providers); and each choice of imprisonment;

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. The business of lending unregistered loans for the reason of sentencing under Article 62(1) of the Criminal Code of the suspended execution.