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(영문) 광주지방법원 순천지원 2018.10.15 2018고정233

이자제한법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall exceed 25% per annum on the maximum interest rate under a contract for lending and borrowing of money.

Nevertheless, on March 24, 2017, the Defendant lent 18 million won to the victim D, excluding two million won from the prior interest, at the “C” office located in Macheon-si B, 2017. On April 24, 2017, the Defendant received interest exceeding 25% per annum as shown in the annexed crime list, such as receiving 20 million won as principal and interest around April 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Punishment of Criminal Crimes and the Selection of Fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the defendant received high interest rate that much exceeds the highest interest rate, and the liability for the crime is not easy.

However, the defendant only lent money to the victim through the introduction of pro-friendly E, and it seems that he did not operate a loan business for many and unspecified persons.

In addition to the instant case, the Defendant filed a criminal complaint against the victim for fraud because it was unable to receive the loan from the victim, and the victim is currently pending in criminal trial.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the records, such as the first offender, age, and environment, and the various sentencing conditions shown in the argument of this case.