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Defendant
A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 1,000,000, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
[2012 High Court Decision 2354]
1. A person who intends to engage in credit business shall register his/her credit business with the competent administrative agency, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum;
Nevertheless, the Defendant lent KRW 3,00,000 to E on August 30, 201, and received interest of KRW 123,000 per month from KRW 123,00 and received interest of KRW 49% per month. On September 23, 2011, the Defendant again lent KRW 2,000,000 to E and received interest of KRW 82,000 per month, and received interest of KRW 48% by receiving interest of KRW 5,00,00 on February 3, 2012.
Accordingly, the Defendant violated the interest rate limitation and operated credit business as above without registering the credit business.
2. On December 14, 2009, Defendant B registered the credit business under the name of “G” with the trade name of “G” to the Seoul Northern District Office, and thereafter, Defendant B had the said Defendant operate the credit business under the name of the Defendant from that time.
[2013 High Court Decision 571]
1. Where a credit service provider without registration in violation of the Registration of Credit Business, etc. and Protection of Users Act lends a loan, the interest rate shall not exceed 30 percent per annum;
Nevertheless, at around 14:00 on February 9, 2010, Defendant A lent KRW 4,00,000 to H around the agricultural cooperatives located in the Dong-dong-gu Seoul Special Metropolitan City, and deducted KRW 300,000,000 per annum and received interest of KRW 52% per annum from 40,000 per annum and received interest on KRW 52% per annum, as shown in the attached crime list 1, as shown in the attached crime list 1, the around that time and until December 9, 2012, Defendant A lent KRW 49,170,000 per annum and received interest of KRW 55% per annum at the minimum of 46% per annum.
Accordingly, Defendant A received interest exceeding the limited interest.
2. Defendant A in violation of the Fair Collection of Claims Act calls several times from June 10, 201 to August 10, 201 to the victim H (V, 34 years of age) as shown in the List of Crimes in the annexed Table 2, from around Gwangju (hereinafter referred to as Gwangju).
As a result, Defendant A threatens an obligor.