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(영문) 서울중앙지방법원 2015.04.23 2014고단2798

횡령등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who operates a curios shop with the trade name of “D” and arranges his/her own trade.

On April 2013, 2013, the Defendant borrowed money from the victim E by again providing money to another person by requesting that he/she lend money as a collateral. The Defendant lent the money to the victim after receiving interest at a high rate of interest from the victim. Around April 2013, the Defendant got profits from the victim.

on April 25, 2013, the Defendant loaned KRW 250 million to the victim in the “G” located in Jongno-gu Seoul Metropolitan Government F until July 25, 2013, respectively. The period of repayment may be extended by three months due to mutual agreement between the victim and the due date for payment. The said person who has the due date for payment may be offered as a security for the above loan, but the said person who has received as a security may sell and sell the interest and principal within the said period at will, and the said person who has received the said consideration from the victim.

However, on April 25, 2013, the Defendant: (a) borrowed 250 million won from H by an curios collector, knowing that he/she had been issued and kept as a collateral, from H on April 25, 2013, within three months of maturity; (b) provided that if he/she fails to repay within three months, the Defendant arbitrarily provided the consideration obligor offered as a collateral to H as a collateral without the consent of the victim, on condition that he/she sells the consideration obligor offered as a collateral in KRW 300 million.

Accordingly, the defendant embezzled the victim's interests.

(b) The maximum interest rate under a contract for lending and borrowing of money in violation of the Interest Limitation Act shall not exceed 30 percent per annum;

However, on April 25, 2013, the Defendant lent KRW 250 million to the victim E on the condition that “the interest rate shall be 3% per month and due date shall be determined until July 25, 2013, but the time limit may be extended by three months under mutual agreement.”

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