beta
(영문) 수원지방법원 성남지원 2017.02.24 2016고정1542

이자제한법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Where a contract for lending and borrowing of money is concluded, interest shall not be collected exceeding 30% per annum.

On November 26, 2013, the Defendant loaned 4.5 million won to D at the office located in Seongbuk-gu, Sungnam-si, Seoul, to D, and 4.5 million won from the above office around December 12, 2013, and received interest exceeding 30% per annum on December 16, 2013. < Amended by Presidential Decree No. 24274, Dec. 16, 2013; Presidential Decree No. 24274, Dec. 16, 2013; Presidential Decree No. 24500, Dec. 16, 2013; Presidential Decree No. 24500, Dec. 16, 2013; Presidential Decree No. 24508, Mar. 3, 2013>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D in relation to the suspect interrogation protocol of the police against the defendant (second time, second time, and second time);

1. Statement made by the police against D;

1. An investigation report (the details of rent and repayment), an investigation report (the confirmation of payment interest rates);

1. Application of Acts and subordinate statutes to the details of D financial transactions and the results of E transfer management;

1. Relevant Article 8 (1) and Article 2 (1) and Article 2 of the Act on the Limitation of Interest on the Selection of Criminal Crime and Selection of a fine, comprehensively for the crime;

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;