Text
Defendant
A shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
The Defendant, as the representative of Kimpo-si B building C, is a person who runs a loan business after registering the loan business with the trade name of “E”.
1. Where a credit service provider that violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users lends a loan to an individual, it may not collect interest on the loan in arrears in excess of the interest rate set by the President, and in such cases, it shall not exceed 24/100 per annum;
A. On May 2019, the Defendant loaned KRW 5,00,000 to F at H restaurant located in Seo-gu Incheon Metropolitan City, a residence of F, and received interest of KRW 6,510,000 each year by deducting KRW 3% of the prior interest, KRW 150,000 each day, and received KRW 6,510,000 each year by receiving a total of KRW 6,510,000.
B. On September 2019, the Defendant loaned KRW 5,00,000 to F at the above H restaurant, and received KRW 3% of the prepaid interest, KRW 150,000 each day after deducting KRW 60,000 from the deduction of KRW 3%, and KRW 5,730,000 each day, and received interest at KRW 159.9% per annum by receiving KRW 5,730,00.
Accordingly, the Defendant received interest exceeding 24% of the statutory limit interest rate.
2. No person who violates the Electronic Financial Transactions Act shall acquire any access medium with the knowledge that such medium is to be used for a crime or to be used for a crime;
Nevertheless, on May 2019, the Defendant acquired 1 and passwords, which were linked to the I Account of the Enterprise Bank F in the name of the first police officer, for the purpose of using them for committing the crime, as stated in paragraph 1.
Accordingly, the Defendant received and stored access media for the purpose of using it for the crime of violation of the Act on the Registration of Loan Business and the Protection of Financial Users.
3. No person who violates the telecommunications business shall open a mobile communications terminal device which concludes a contract for the provision of telecommunications services in the name of another person on the condition of providing or lending funds, and use the telecommunications service provided to such mobile communications terminal device.
Nevertheless, it is not possible.