Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a credit service provider that has registered credit business with the Seocho-gu Office under the trade name of "B".

No credit service provider shall collect interest at an interest rate exceeding 27.9% per annum, when it provides an individual with a loan.

Nevertheless, the Defendant loaned KRW 570 million to D on June 16, 2016 at the Seocho-gu Seoul Metropolitan Government C building and the second floor B office, and received KRW 523,400,000,000,000,000,000,000,000 after deducting prior interest, fees, and expenses of a certified judicial scrivener (which shall be paid by subrogation for a debt owed by D to the previous loan business entity) from D on January 31, 2017; and received KRW 4,00,00 as interest on August 1, 2017; and received KRW 732,334,34,30,00 as the principal and interest, and other expenses indicated in the revised facts charged (i.e., KRW 751,098,960; KRW 1351,460,00,000,000 as the original facts charged); and (ii) annually received interest rate of KRW 36301,4605.

As a result, the Defendant, while making a loan to an individual, received interest exceeding 27.9% per annum.

Summary of Evidence

1. Partial statement of the defendant;

1. The entry of witnesses D in the second trial records and the entry of some of the witnesses E in the second trial records;

1. Copy of the registration certificate of credit business (B);

1. Signs of bankbooks, signs, and specifications of transactions;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes to a copy of the statement of loan repayment, certificate of confirmation (751,098,960 won), certificate of subrogation (751,098,960 won);

1. Article 19 (2) 3 and Article 8 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Of KRW 732,34,300, the summary of the argument on the argument of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the case cost of KRW 10,000,000, which the Defendant received from D, is to calculate and review the excess interest related to D’s senior mortgage debt obligations to a third party, such as D, regardless of the loan agreement.