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1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Any person who intends to engage in credit business shall register with the competent administrative agency, and if a unregistered credit service provider lends a loan to an individual, he/she shall not receive interest exceeding the maximum interest rate prescribed by Act.
1. Defendant A
A. On November 30, 2005, the Defendant offered credit business without registration with the competent authority, including lending KRW 20 million to E at any place of woodpos, from that time until January 7, 2011, by lending money as shown in the attached Table 1.
B. On July 14, 2008, the Defendant loaned KRW 3 million to a certain person (one person “F”), deducted KRW 300,000 as a prior interest, and agreed to receive interest KRW 300,000 per month until two to three months after the due date.
In addition, the Defendant borrowed money as stated in [Attachment 1] Nos. 3-32, and received interest exceeding the limited interest rate.
2. Defendant B
A. On September 27, 2005, the Defendant engaged in credit business without registering with the competent administrative agency, including lending KRW 2 million to G, from that time, from that time to December 28, 201, the Defendant loaned money as shown in the attached Table 2, at any clothing store located in the Bapo-si, Sinpo-si, Sinpo-si.
B. On March 25, 2008, the Defendant loaned KRW 5 million to H, and deducted KRW 500,000 as prior interest, and the Defendant agreed to receive interest in KRW 500,000 each month from two to three months after the maturity date.
In addition, the Defendant borrowed money as stated in [Attachment 2] No. 9-17, and received interest exceeding the limited interest rate.
Summary of Evidence
1. Defendants’ legal statement
1. A protocol concerning the suspect examination of the accused;
1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos. 38, 41-44);
1. Relevant Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts (with overall control over the crime).