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Defendants shall be punished by imprisonment for ten months.
However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendants, D, and E are in the same kind of relationship with Dongdong-dong-dong and in the latter, D around November 2016, around the role of providing loan funds and offices, managing loan companies overall, and providing consultation with customers, and Defendant A, B, C, and E (as from March 29, 2017, E) agreed to operate the lending company and receive interest exceeding the legal autonomy while engaging in each of the roles of lending and collecting money by entering into a loan agreement with customers.
1. Defendants and persons who intend to engage in joint criminal loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where a unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum.
Nevertheless, on December 27, 2016, the Defendants and D did not register a loan business, and at the 1st floor “G” coffee shop of the F apartment shop in Busan, Jin-gu, Busan, the Defendant and D paid KRW 810,000,000 after deducting KRW 1.90,000 from the prior interest and commission fees, and paid KRW 30,000 per day on the condition that the court would receive KRW 35,000 per annum on a 45-day basis.
The aforementioned Defendants and D loaned total of KRW 21.5 million over 11 times in total, and received interest exceeding the autonomy of the court, in the same manner as the manner in which they performed with the said H from November 10, 2016 to January 23, 2017.
Accordingly, the Defendants and D did not register the lending business in collusion, and the court was paid interest exceeding the autonomy.
2. Defendants, D, and D, and E together with the Defendants, D, and E, at the office of Busan-gu Busan-gu Busan-do Office on January 24, 2017, the amount of KRW 80,000,000 calculated by deducting 1.20,000 won from the prior interest shall be paid to the obligor L, and the amount of KRW 30,000 per day shall be repaid for 44 days in 30,000 per annum, the court’s autonomy shall exceed 27.9% per annum.