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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant registered a credit business with the trade name around 2014 as “C,” and with the term of validity of registration from August 27, 2014 to August 27, 2017.
No unregistered credit service provider shall receive interest exceeding 25% per annum when it makes a loan, and no registered credit service provider shall receive interest exceeding 34.9% per annum when it makes a loan.
Nevertheless, at around 17:00 on March 4, 2015, the Defendant: (a) lent KRW 100,000 to Da Officetel 1104, 30,000 per day to E; (b) deducted 10% (10,000 won per day) from notarial expenses; and (c) received interest of KRW 670.49% per annum from 30,000 per day to 30,000 after paying 90,000 per day; (d) as indicated in the attached list of crimes from August 4, 2014 to 30, 2015, the Defendant received interest exceeding the maximum interest rate of KRW 25% per annum during the registration period, exceeding the maximum interest rate of KRW 34.9% per annum during the registration period.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, and G;
1. Details of provision of certificates of seal imprint;
1. Records of seizure and the list of seizure;
1. A copy of the account book for the number of days and cards;
1. A copy of each loan certificate;
1. Application of a copy of Acts and subordinate statutes on credit business registration;
1. Article 19(2)3, Article 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 1345, Jul. 24, 2015; hereinafter the same shall apply), Article 19(2)3, and Article 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 1345, Jul. 24, 2015; hereinafter the same shall apply), Article 19(2)3, and Article 8 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Criminal Act, the suspension of execution;