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Defendant
A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 10 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A, C, and D have raised funds as a “pre-paid owner,” and directly lent them to the lending party. Defendant B, while operating F in Busan Metropolitan Government, connected the above-mentioned owners and the lending party and received prescribed fees. G, while engaging in unregistered credit business on the second floor of H building in Busan Metropolitan City, was offered to loan without registering the lending party.
1. Defendant A’s crime;
A. On January 10, 2012, the Defendant, in collusion with G and B, loaned KRW 20 million (20 million in advance, such as interest, flooding expenses, and profits) to I on January 10, 201, and borrowed KRW 90 million (3% in interest month) after four months (the agreed loan of KRW 110 million, interest rate of KRW 18 million, 93.3% in excess of the interest rate prescribed by the Interest Limitation Act.
B. The Defendant, in collusion with B and G, engaged in credit business by lending the principal amounting to KRW 90 million to I, such as the foregoing date, at the same time and place, without registering with the competent authorities.
2. Where a credit service provider, etc. committing a crime subject to the imposition of limited interest, lends a loan to an individual or a small corporation, the amount shall not exceed the interest rate prescribed by Presidential Decree (39% per annum);
Nevertheless, the Defendant, in collusion with Defendant A, G, D, and C on September 8, 201, loaned KRW 128,800,000,000 to J at the above (State) Triho Lake office after deducting KRW 21,200,000 from the prior interest and loan fee (the agreed loan of KRW 150,000,000 and interest rate of KRW 3% per annum exceeding the limited interest rate prescribed by the Interest Limitation Act, and the Defendant was paid interest of KRW 41.9% per annum from September 8, 2011 to March 27, 2012, as indicated in the attached Table of Crimes (B), and limited the interest limitation prescribed by the Interest Limitation Act by lending KRW 56,745,00 as the principal of the loan over 15 times.