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Defendant shall be punished by a fine of KRW 3,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Any person who intends to operate a credit business shall register his/her office with the competent administrative agency, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum.
The Defendant, without registering credit business, agreed to receive repayment of KRW 40,00 per day from “C” restaurant located in Yeonsu-gu Incheon Metropolitan City, on January 25, 2013, by deducting KRW 90,000 per annum from KRW 3,00,000 per day, and received the principal and interest of KRW 3,00,000 (the actual delivery amount of KRW 2,910,00). On February 19, 2014, the Defendant agreed to receive repayment of KRW 70,00 per day from “F” restaurant located in Yeonsu-gu Incheon Metropolitan City, Incheon, to receive KRW 7,00,000 per day from “F” restaurant, and deducted KRW 210,00,00 per day, and then loaned KRW 90,00 per day to D, and then paid the principal and interest of KRW 3,00 by way of loan exceeding the interest rate per three percent per annum.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. A report on investigation (case concerning calculation of interest rate);
1. Application of Acts and subordinate statutes to calculate interest rates by suspect for each application for loan, each certificate of loan, each standard contract for loan transactions;
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Articles 19 (1) 1 and 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;