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(영문) 창원지방법원 마산지원 2018.11.30 2018고정302

이자제한법위반

Text

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

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

Reasons

Punishment of the crime

No person shall receive interest exceeding 25% per annum, which is the highest interest rate under a contract for lending and borrowing of money prescribed in Article 2 (1) of the Interest Restriction Act.

Nevertheless, on September 22, 2015, the Defendant received 280,000 won interest rate of 1,720,000 won from the Defendant’s house located in Changwon-si apartment B apartment unit C to D on the 15th day of the same month from the bank account in the name of D to the F bank account in the name of the Defendant, and received 25% interest rate of 8,247 won at an annual interest rate of 25%, which is the highest interest rate for the monetary lending and borrowing contract under the Interest Restriction Act, from 8,247 won to 271,753 won, and received interest interest, which is the highest interest rate of 25% per annum under the monetary lending contract by September 29, 2017, as shown in the attached property list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Application of the Acts and subordinate statutes for filing complaints and investigation reports;

1. Relevant Article 8 (1) and Article 2 (1) of the Act on the Restriction of Freedom of Interest on Criminal Crimes, Articles 8 (1) and 2 (1) of the same Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;