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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is a person who operates an unregistered loan company in Seongbuk-gu Seoul Metropolitan Government D without trade name.
Any person who intends to engage in credit business shall register the relevant place of business with the competent authority, and no credit service provider shall receive interest exceeding 30% per annum, if it provides a loan.
Nevertheless, the Defendant, without registering with the competent authority on August 8, 2013, lent KRW 2,00,000 to E, a loan applicant for a loan of KRW 1,60,000,000 in total, KRW 40,000 per day after delivering KRW 40,000 per day after deducting KRW 40,000 from the fees (annual interest rate 2,51%) and agreed to receive KRW 2,40,000 per day (annual interest rate). From November 29, 2012 to December 3, 2013, the Defendant loaned KRW 330,000 in total, exceeding the interest rate of KRW 30,00 per annum 30,000 as indicated in the attached crime list from November 29, 201 to December 3, 2013, and received the interest.
(However, the F’s “F” of No. 32 per annum of the crime sight table is “G,” the “H” of 59 is “I,” the “J” of 83 is “K,” and the “120” L is respectively corrected by “M.”
1. Defendant's legal statement;
1. Each police statement concerning E and N;
1. The calculation table of each interest rate;
1. Details of account transactions;
1. Application of Acts and subordinate statutes concerning requests for cooperation in investigation (O-related Acts);
1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and (3), 3 (1) (referring to the provision of credit business without making registration, including the provision of credit business without making registration) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (2) 3 and (3), and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (including the receipt of excess interest by an unregistered credit service provider): Imprisonment with prison labor and fines shall be imposed concurrently;
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. The sentencing under Article 62(1) of the Criminal Act is as follows.