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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who operates a lending business without a trade name in the defendant's residence in the Nam-gu Incheon Metropolitan City, and C is a person in charge of the collection of money from the above lending business, and a person who intends to conduct a lending business shall register with the competent authority having jurisdiction over the relevant place of business by place of business, and if an unregistered credit service provider lends a loan, the interest rate shall not exceed 25% per annum.
Nevertheless, the Defendant, in collusion with C on January 19, 201, lent KRW 3,00,000 to E located in Gangnam-gu Seoul Metropolitan Government D and 301 on January 19, 2017, and deducted KRW 1,050,000 per annum and entered into a loan agreement equivalent to 766.6% per annum on the condition that 75,000 won per day shall be changed per annum for 38 days. On the 26th day of the same month, the Defendant loaned KRW 3,00,000 to G at the mutual infinc stores located in Incheon, and deducted KRW 1,20,000 per day and concluded a loan agreement equivalent to 75,000 per annum on the condition that 76 days per day shall be changed by 75,000 won per day.
Accordingly, the Defendant and C did not register the lending business as above and lent the loan exceeding 25% per annum.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police officer against the defendant or C;
1. Each police statement protocol with respect to E and G;
1. Application of each investigation report (attached details of suspect A account, calculation of interest rate) Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 19(1)1 and 3(1) of the Act on the Registration of Loan Business and the Protection of Financial Users, Article 30 of the Criminal Act (including operation of unregistered loan business), and Articles 19(2)3 and 11(1) of the Act on the Registration of Loan Business and the Protection of Financial Users, Article 30 of the Criminal Act, each of the options of fines;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.