Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Any person who intends to engage in a loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register his/her business with the administrative agency having jurisdiction over the relevant place of business;

Nevertheless, on November 19, 2017, the Defendant, without registering with the competent authorities, loaned KRW 40 million per day on condition that he/she would have repaid KRW 40,000 per day after deducting 7% of the pre-paid fee from Nam-gu B and B, Nam-gu, and 200,000.

In this respect, the Defendant did not register and run the lending business.

2. Where a credit service provider that has not registered a loan business, etc. violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (or autonomous receipt or exemption by law) lends a loan, it shall not charge interest exceeding 25 percent per annum;

Nevertheless, as set forth in paragraph 1, the Defendant loaned KRW 2 million to C, deducted KRW 140,00 as a prior fee, and borrowed KRW 1860,00,000, and received a repayment period of KRW 60 days and KRW 400,000 as an interest rate of KRW 320 per annum.

Accordingly, the defendant received interest exceeding the autonomy of the court.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions by account, response to a request for cooperation with investigation, and bank transactions;

1. Filing an investigation report (as to the response to calculation of loan interest rates), application of investigation report (as to the attachment of details of bank transactions) Acts and subordinate statutes;

1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (referring to the operation of unregistered loan business), registration of loan business, etc., and Articles 19(2)3 and 11(1) (referring to the receipt of interest exceeding the interest rate) of the Act on the Protection of Financial Users, and the selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;