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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who has an office on the B building and the first floor, and operates the “D” of a lending company registered for credit business in the name of C.
Where a credit service provider that violates the Registration of Credit Business, etc. and Protection of Financial Users Act lends a loan to an individual, it shall not receive interest exceeding 34.9% per annum.
Nevertheless, the Defendant, in collusion with C on December 28, 2015, loaned KRW 120 million to E at the office of a non-certified judicial scrivener located in Tong Young-si, from around December 28, 2015. From that time, from May 12, 2016, the Defendant loaned KRW 89,290,000 in total over 15 times until May 12, 2016, a total of KRW 1,03,00 in total, 34.9% in interest rate by receiving payment from E on a total of KRW 1,00,00,000 in total as interest rate of KRW 9,479,970 in total, 4,29,030 in excess of the interest rate of KRW 4,290,030 in total.
Accordingly, the Defendant, in collusion with C, received interest exceeding 34.9% per annum while making a loan to an individual.
Any person who violates the Act on Real Name Financial Transactions and Guarantee of Secrecy and the Act on the Regulation and Punishment of Criminal Proceeds Concealment shall not disguise the acquisition of criminal proceeds, etc., and shall not engage in financial transactions under the real name of another person for the purpose of concealing illegal property under subparagraph 3 of Article 2 of the Act on Reporting and Use of Certain Financial Transaction Information, money laundering under subparagraph 4 of the same Article, financing of terrorism under subparagraph 5 of the same Article, evasion of compulsory execution, and other evasion of law.
Nevertheless, the Defendant, while operating the above lending company, intended to conceal criminal proceeds received in excess of the statutory interest rate and to evade tax, and loaned a total of KRW 89,290,000 to E, as described in paragraph 1, KRW 500,000,000. On January 20, 2016, the Defendant used KRW 1.5 million from the F Association account (Account Number:H) in the name of E.