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Defendants shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Defendant B” is a person who was sentenced to two years of suspended sentence for eight months of imprisonment with prison labor at the Gwangju District Court on February 15, 2019 on the grounds of violation of the Punishment of Violences, etc. Act (joint conflict), and the above judgment becomes final and conclusive on February 23, 2019.
【Criminal Facts】
1. Defendant A
(a) A person who intends to engage in credit business or loan brokerage business in violation of the Act on the Protection of Financial Users of Credit Business, etc. shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or
Nevertheless, the Defendant did not make the above registration, and around July 2018, loaned KRW 4,50,000,000 after deducting KRW 5 million from advance interest, on condition that C shall be paid a sum of KRW 1,000,000,000,000,000 to 60 times each time. Around January 11, 2019, the Defendant loaned KRW 1,5 million to D with the condition that D shall be paid 2,50,000,000,000 including interest after six months, and around June 5, 2019, run credit business, such as lending KRW 9 million after deducting KRW 1,00,000 from advance interest, on condition that E shall be paid KRW 1,00,000.
(2) Where an unregistered credit service provider lends a loan, the maximum interest rate under the contract for lending and borrowing of money shall not exceed 24% per annum.
Nevertheless, around July 2018, the Defendant loaned 4,50,000 won after deducting 50,000 won as prior interest from C, and received annual interest of 202% per annum for 60 days by paying 10,000 won per day. around November 2018, the Defendant loaned 1,80,000 won after deducting 2,000 won as prior interest from 2,60,000 won per annum for 60 days and received interest exceeding the statutory interest rate.
B. On January 2019, the Defendant forced the victim D to lend KRW 15 million to the victim, but the victim was unable to repay it as agreed, using the fact that the name of the lessee under the lease agreement on the main store of “H” operated by G located in the Gwangju North-gu, Gwangju, becomes the victim.