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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
Any person who intends to engage in credit business shall register with the competent administrative agency, and if a unregistered credit service provider lends a loan to an individual, he/she shall not receive interest exceeding the maximum interest rate prescribed by Act.
On March 17, 2010, the Defendant loaned KRW 10 million (50,000,000,000,000,000,000,000,000,000,000,000,000,000) to Hongsung-gun, Hong-gun, Hongsung-gun, as indicated in the separate crime list from the above date to September 5, 2012, and lent KRW 87,00,00 (2,00,000,000) to C for 22 occasions as shown in the separate crime list, and received interest of KRW 32-192% exceeding the limited interest rate.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness C;
1. Statement of reference witness by the prosecution concerning C (one-time answer type);
1. Part of each statement made by the prosecutor in the protocol of reference of D, E, F, G, H, I, J, K, and L (one answer type);
1. Each police statement of C;
1. Details of transactions (A), details of deposits and withdrawals, detailed statement of passbook transactions, report on internal investigation (Preparation of loan specifications, statement of crime committed and calculation of interest rates), loan specifications, calculation methods of number of months and days, meetings for investigation cooperation, reports on investigation (report on examination of suspect accounts) and application of Acts and subordinate statutes to investigation reports;
1. Article 19(1)1 and Article 3(1)1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply), Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, each of which constitutes a crime, and the selection of imprisonment, respectively;
1. Determination as to the defendant and his/her defense counsel’s assertion among concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act
1. The summary of the argument is that the Defendant does not lend money for business purposes, and there is no interest rate exceeding 30% per annum from C.
2...