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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who, from September 23, 2016, runs a loan business under the trade name of “C” in the Seo-gu, Seoyang-gu, Seoyang-si.
1. A person who intends to engage in loan business shall register with the competent authority having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate shall not exceed 25 percent per annum;
Nevertheless, on May 3, 2016, the Defendant: (a) lent KRW 1,00,000,000 to D in the vicinity of Gyeyang-gu Office, Seoyang-gu, Seoyang-gu, 104-ro 104, a 100,000; (b) deducted KRW 100,000, and entered into a loan agreement equivalent to 264% per annum on the condition that 10% interest shall be paid for each 15 day; and (c) entered into a loan agreement between January 1, 2016 and the above date.
Accordingly, the Defendant did not register the lending business as above and loaned more than 25% per annum.
2. If a credit service provider lends a loan to an individual, the interest rate shall not exceed 27.9% per annum;
Nevertheless, on January 4, 2017, the Defendant loaned KRW 500,000 to the said D in the vicinity of the Jinyang-gu, Seoyang-gu, Seoyang-gu, 114, and deducted KRW 50,000 from the prior interest rate of KRW 50,00 per 15 days, and entered into a loan agreement equivalent to 264% per annum on the condition that 10% interest shall be repaid at 10% per 15 days, as shown in the attached Table 2, as in the attached Table 2, from November 2016 to the above temporary date.
Accordingly, the Defendant loaned a loan to an individual exceeding 27.9% per annum as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Details of account transactions in a national bank;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Facts constituting an offense (the fact that an unregistered loan business is run).