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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Although the Defendant may not receive interest exceeding 39% per annum from a person who registered a credit business under B’s trade name, the Defendant loaned 3 million won to D at the “E” clothing store operated by D, located in Seoul building 228 on May 17, 2013, and agreed to receive 2960,000 won per day after deducting 40,000 won in advance and 90,000 won per day for 39% per annum (39% per annum), and received interest at the interest rate of 162.7% per annum from November 5, 2012 to October 15, 2013 as indicated in the attached Table of Crimes (hereinafter “E”), and received interest exceeding 39% per annum by lending 103,64,000 won per annum from around 29 times to October 15, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Copy of registration certificate of credit business;
1. Number of days accounting books;
1. A certificate of borrowing;
1. Application of Acts and subordinate statutes on the transactions of entry and departure;
1. Article 19 (2) 3 and Article 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users for Crimes and the Selection of Punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act, including the fact that there is no criminal record other than the previous two-time fines, the fact that the crime is recognized, the fact that it is against the fact that it will no longer run credit business);
1. Social service order under Article 62-2 of the Criminal Act;