A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who intends to engage in a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 25% per annum.

Nevertheless, the Defendant, without registering with the competent authority on March 2, 2016, lent to E a loan business office for “D” in the name of “D” located in Guro-gu Seoul Metropolitan Government apartment B apartment complex C, on condition that E shall receive interest of KRW 27.9% per annum, as well as loans from around that time to March 4, 2019 for a total of KRW 1,390,000,000 per annum and received interest of KRW 27.9% per annum.

As a result, the Defendant, while running a unregistered loan business and lending money, received interest in violation of interest rate limit.

Summary of Evidence

1. The notification of the defendant's legal statement to a credit service provider who is unregistered, and the application of statutes governing each loan;

1. Article 19 (1) 1, the main sentence of Article 3 (1) (the occupation of unregistered loan business), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users concerning criminal facts, and Article 2 (1) of the Act on the Protection of Financial Users (the occupation of receiving interest exceeding the upper limit of the unregistered credit service provider);

1. Selection of each sentence of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The act that a unregistered loan business and an unregistered credit service provider receives interest exceeding the statutory limit may not only hinder the sound development of loan business, but also cause damage to a financial user by using his/her economic difficulties, and such social harm is significant.

The favorable circumstances: the first offense.

The defendant recognized all of the crimes of this case, and reflects his mistake.

legal interest rate;