A defendant shall be punished by a fine of 400,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

From April 2007, the Defendant registered the trade name of Daegu Western, and operated credit business.

No credit service provider may receive interest exceeding 49% per annum, which is the limited interest rate prescribed by the Presidential Decree, from individuals.

Nevertheless, around June 25, 2010, the Defendant lent 2,000,000 won as security to the loan applicant C in the above B as KRW 40,000,000, and paid KRW 1,960,000 as fee, and made an agreement by which KRW 2,80,000,000 is deemed to have been paid for each 280,000 per month for 10 months (the annual interest rate is 84.9%) and received several interest pursuant to the above agreement.

Accordingly, the Defendant received interest exceeding the limited interest rate of the credit service provider.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to the investigation report (Calculation of the interest rate monthly);

1. Article 19 (2) 3 and Article 8 of the Act on the Protection of Financial Users and Protection of Relevant Articles applicable to the facts constituting an offense, and registration of credit business, etc. in the Election of Specific Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 186 (1) of the Criminal Procedure Act;