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Defendant
A Imprisonment with prison labor for ten months and for one year, respectively.
Reasons
Criminal facts
1. Defendants B, who jointly committed a crime, shall prepare funds to Defendant A, and Defendant A, after entering into a loan agreement with the inducement of debtor, shall pay the above funds with the above funds, and Defendant B has engaged in credit business as well as in the manner of receiving the principal and interest of the above debtor every day.
(a) Any person who intends to run a credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users (which has not been registered credit business) shall register the business with the competent authority of the relevant place of business;
Nevertheless, on January 9, 2018, the Defendants did not register with the competent authority, and requested to lend money from C at a entertainment establishment located in Gangnam-gu Seoul Metropolitan Government, and on the same day, agreed to lend the principal amount of KRW 5 million to the above C, and paid KRW 4,940,000 after deducting KRW 60,000 from the prepaid interest under the condition that the principal shall be repaid for KRW 60,000 per day, and from that time, leased KRW 321,30,000 in total by September 19, 2018, as shown in the List of Crimes (1).
Accordingly, the Defendants conspired to engage in credit business without registering it with the competent authorities.
(b) Where an unregistered credit service provider is making a loan in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act (the receipt of an excessive interest), it shall not receive interest exceeding 25 percent (24%) per annum (24%) of the interest rate;
Nevertheless, on January 16, 2018, the Defendants paid 2.7.6 million won to D with a prior interest rate of 2.6 million won, and repaid 2.9 million won in total for 66 days, and received more than 15,233 won (interest rate of 28.05% per annum) compared to the interest under the statutory interest rate (interest rate of 28.05% per annum), from that time until August 6, 2018, and received interest equivalent to 28.05% per annum or 186.22% per annum per annum, as shown in the List of Crimes (2) from that time until August 6, 2018.
As a result, the Defendants conspired with each other at an interest rate of 25% per annum.