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(영문) 대전지방법원 천안지원 2019.01.29 2018고정904

이자제한법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The maximum interest rate under a contract for lending and borrowing of money shall not exceed 25% per annum.

1. On February 5, 2016, the Defendant: (a) at the office Asan-si B located in Asan-si, through D’s witness D, received KRW 10 million monthly interest at KRW 50,000; and (b) in fact, at the same date, remitted KRW 9,500,000,000 calculated by deducting KRW 50,000 from the monthly payment payment payment interest from the said account via his own F’s account; and (c) entered into the instant monetary loan contract with the principal amount of KRW 9,50,000,000.

After that, from February 5, 2016 to April 6, 2017, the Defendant received a total of seven million won (62.94% interest rate per annum) from E as actual interest.

Accordingly, the Defendant received interest exceeding 25% per annum, which is the maximum interest rate under law, from E during the above period.

2. On June 2, 2017, the Defendant entered into a contract for a monetary loan of KRW 12 million with the principal interest of KRW 600,000,000,000 for lending KRW 12 million to E at the C office as described in the foregoing paragraph (1). In fact, on the same date, the Defendant transferred KRW 11,40,000,000, after deducting the monthly payment interest of KRW 600,000 from the said E’s account using his/her own F’s account from his/her own on the same date.

After that, from June 2, 2017 to March 19, 2018, the Defendant received from E a total of 5.4 million won (59.38% per annum) for the actual interest purpose.

Accordingly, the Defendant received interest exceeding 25% per annum, which is the maximum interest rate under law, from E during the above period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes to each paid interest adjustment data, E account transfer statement, account transfer statement submitted by D, final data on adjustment of details of interest, investigation report (referring to the settlement of interest rates per each case, including the details of victims E and this account transaction);

1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 8 (1) and 2 (1) of the Restriction on Interest Options of Punishment Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;