A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[2019 Highest 427]

1. Any person who intends to engage in credit business that violates the Act on Registration of Credit Business, etc. and Protection of Finance Users due to unregistered credit business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering a credit business with the competent authority on May 25, 2013, lent KRW 2 million to B from the insular point of view (hereinafter referred to as the “insular point of view”) to the competent authority. From that point to November 20, 2018, the Defendant engaged in the credit business without registering it by the aforementioned method as shown in the attached list of crimes (1).

2. Where a credit service provider, who has not registered in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users due to violation of the limitation on interest rates against B and C, makes a loan, the credit service provider shall not receive any interest exceeding the interest rate of 25% per annum (24% per annum from February 8, 2018);

Nevertheless, the Defendant granted KRW 5,670,000,000,000,000,000 to B on June 11, 2015, and paid 4,670,000,000,000,000 to B, and thereafter, received interest at least 52.1% per annum exceeding the statutory interest rate by getting paid KRW 2,00,00 per month as interest. From that time to November 20, 2018, the Defendant received interest at 31.4% per annum or 521.4% per annum, which exceeded the statutory interest rate as described in the attached Table (1) Nos. 6 through 11, 13, and 21.

3. No collector of claims in violation of the Fair Debt Collection Practices Act with respect to debt collection shall engage in any conduct that seriously undermines peace and peace in his/her business by repeatedly or at night calls or by delivering words, letters, sound, images, or other things to debtors or related persons without justifiable grounds, in connection with debt collection;

Nevertheless, around 11:15 on January 3, 2017, the Defendant sent a text message to the obligor C, stating “fluorine” and attached Form from that time until August 3, 2017.