A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 24, 2012, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users in the Seoul Central District Court on December 24, 2012, and on April 23, 2013, the Defendant was notified of a summary order of KRW 2 million for the same crime in the same court.

Criminal facts

Anyone shall register his/her loan business with the competent authority in order to engage in the loan business, and no unregistered credit service provider shall receive interest exceeding 25% per annum if the loan is made by the unregistered credit service provider.

Nevertheless, on November 15, 2017, the Defendant, without registering a loan business to the competent authorities, provided loans of 3 million won to D, at the “C” coffee shop located in Seocho-gu Seoul Metropolitan Government, with a fee of 60,000 won, issued KRW 2,580,000,000 after deducting 3,60,000 won for one week’s advance payment, and provided loans for more than 3,60,000 won per annum for more than 251.1% per annum, and from June 20, 2017 to December 29 of the same year, the Defendant provided loans to 12 persons in total by lending 3,980,00 won for more than 25% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (in cases of attaching account details), investigation report (in cases of attaching a list of loans and copies of loan certificates), investigation report (in cases of preparing a list of crimes and calculating interest rates);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (the previous records confirmation reports, the text of the judgment, and copies of summary orders), and criminal history reports;

1. Relevant Article of the Act on the Registration of relevant criminal facts, each loan business, etc. for the selection of punishment, and Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users (including the occupation of unregistered loan business, including the occupation of the loan business), Article 19(2)3, and Article 11(1) of the Act on the Registration of Loan Business, Etc. and Protection of Financial Users (the occupation of receiving interest exceeding the interest rate) shall be punished by imprisonment, respectively;