A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who intends to operate credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor having jurisdiction over the relevant places of business;

Nevertheless, the Defendant, without registering a credit business on June 8, 2010, lent KRW 20 million to D and received KRW 20 million monthly interest, and run a credit business with a total amount of KRW 135 million over five occasions from the same day to April 14, 2012, as shown in the separate list of crimes.

2. Where an unregistered credit service provider grants a loan to an individual, it shall not collect interest on the loan exceeding 30% per annum;

Nevertheless,

A. On June 8, 2010, the Defendant lent KRW 20 million to Seosan-si C, and D, and violated the restriction on the interest rate by receiving interest payment of KRW 200,000 per annum 120% per annum from D as interest.

B. On December 8, 2011, the Defendant lent KRW 7 million within the said C’s borrowing of the said C’s borrowing of KRW 7 million, and was paid KRW 700,000 per annum from E as interest, and violated the restriction on the interest rate by receiving interest payment of KRW 120,000 per annum.

The prosecutor appears to have been prosecuted for an inclusive crime, but the offense of violation of the Act on Registration of Credit Business and Protection of Finance Users due to Violation of Interest Rate Restriction constitutes one crime at each time of violation (see Supreme Court Decision 2008Do11235, Jan. 30, 2009). Accordingly, the criminal facts and the applicable parts of the Act were stated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. The police seizure record and the list of seizure;

1. Investigation reports (verification of illegal loans of suspects), investigation reports (verification of whether registration for credit business has been made);

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations between victims);

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business and Protection of Finance Users regarding criminal facts (including the occupation and the exclusive occupation of a credit business without registration) and each credit business.