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Defendant
A Imprisonment with prison labor for one year and for four months, respectively.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A
(a) Any person who intends to run a unregistered credit business or a loan brokerage business shall do so after filing for registration with the head of the competent administrative agency;
Nevertheless, on June 1, 2018, the Defendant had an office in Gwangju-si building D, lent KRW 500,000 to the debtor E with the interest rate of KRW 500,000 as well as lent KRW 500,000,000 by the method of paying interest rate of KRW 500,000 per month following the payment of interest rate of KRW 5,50,000,000 from May 2, 2014 to November 11, 2018, and carried out unregistered credit business, such as lending KRW 713,590,000 in total over 192 times from May 2, 2014 to November 2, 2018.
B. Where a credit service provider without registration violates the interest rate limitation, the interest rate shall not exceed 30% per annum from June 30, 2007 to July 14, 2014 under the Interest Limitation Act, 25% per annum from July 15, 2014 to February 7, 2018, and 24% per annum from February 8, 2018.
Nevertheless, on June 1, 2018, the Defendant loaned KRW 5 million to E to the obligor, deducted KRW 500,000 as the interest, paid KRW 5,500,000,000 to the obligor, and received interest at an annual interest rate of KRW 5,500,000 per annum exceeding the statutory interest rate by receiving the interest of KRW 5,50,000 per month thereafter, and received interest exceeding the statutory interest rate as shown in attached Table 1 (1) [the remainder except for the items indicated as “(no violation of the interest rate limit)” in (1) of the crime sight table].
2. Defendant B
(a) Any person who intends to run a unregistered credit business or a loan brokerage business shall do so after filing for registration with the head of the competent administrative agency;
Nevertheless, on July 27, 2018, the Defendant had an office located in Gwangju-si building D, and loaned KRW 100,000 to E on July 27, 2018 after deducting KRW 100,000 from the prior interest and paying KRW 90,000 per month.