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Defendants shall be punished by a fine of 1.5 million won.
In the event that the Defendants did not pay the above fine, only 50,000 won.
Reasons
Punishment of the crime
Defendant
A is a person who engages in credit business in the name of Nowon-gu in Seoul Special Metropolitan City, and Defendant B is an employee in the above “C”.
Where a credit service provider lends a loan to an individual or a small corporation, the interest rate shall not exceed 39% per annum.
Nevertheless, around June 12, 2012, the Defendants made a loan to D under the condition that D shall be paid KRW 2 million as a fee, KRW 500,000,000,000 per month, including principal and interest for six months, and agreed to the interest of KRW 238.9% per annum exceeding the statutory interest rate, and received approximately KRW 850,00 as a principal and interest.
After all, the Defendants conspired to lend KRW 2 million to D on condition that they exceed the statutory interest rate.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement concerning D;
1. Investigation report (record CD in conversations with suspects);
1. Application of a copy of Acts and subordinate statutes on credit business registration;
1. Defendants in relation to pertinent legal provisions and punishment regarding facts constituting an offense: Articles 19 (2) 3 and 8 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 30 of the Criminal Act;
1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act