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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On October 14, 2005, the Defendant was sentenced to four years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., in the Jeju High Court Department, and was released on September 30, 2008 and sentenced to the parole on December 31, 2008 during the execution of the sentence. On February 2, 2012, the Jeju District Court sentenced the Defendant to seven years of imprisonment for the crime of rape and injury, and appealed on July 23, 2012, the Defendant appealed against the said judgment.
1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;
(a) Any person who intends to operate a credit business that has unregistered loans shall register with the administrative agency having jurisdiction over the relevant place of business by each office;
Nevertheless, on April 23, 2010, the Defendant, without registering with the competent authority, lent KRW 4,000,000 to C in the vehicle of the Defendant in front of the Agricultural Cooperatives, Yong-dong, Yong-dong, Seoul, and loaned KRW 45,590,000 to the said C by August 9, 2010, as shown in attached Table 1 of Crimes List 1.
(b) If a credit service provider receives a loan from an individual in excess of the statutory interest rate, it shall not receive interest exceeding 49% per annum (44% per annum for a loan contract concluded after July 21, 2010) and, in the case of an unregistered credit service provider, the interest rate shall not exceed 30% per annum under the Interest Limitation Act (30%).
Nevertheless, the Defendant lent KRW 5,00,000 to C around April 23, 2010, deducted KRW 1,000,000 per annum and actually received interest equivalent to KRW 304.9% per annum by paying KRW 1,00,000 per annum for 65 days on condition that 1,00,000 per annum be repaid each other.
2. Any debt collector who violates the Fair Collection of Claims Act shall use words, letters, sound, images, or goods repeatedly or at night without any justifiable reason in connection with debt collection; and