이자제한법위반
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
The criminal facts were partly revised according to the facts recognized within the extent that does not affect the defendant's defense right.
No person shall receive interest exceeding 30% per annum, which is the maximum interest rate under a contract for lending and borrowing of money.
On December 7, 2011, the Defendant loaned 60% interest rate of KRW 50 million per annum (five percent per annum) to D, 30 million at the same interest rate on December 19, 201, and 30 million at the same interest rate on May 17, 2012, with the same interest rate of KRW 30 million (60% per annum from September 201, 201, KRW 48% per annum from February 2016, and KRW 36% per annum thereafter) and received the highest interest rate on money lending from October 2016.
Summary of Evidence
1. The defendant's legal statement (the statement on the 10th trial date);
1. The statements made by witnesses E and D in the second trial records;
1. Each certificate of borrowing;
1. Application of written confirmation of details of transactions statutes;
1. In full view of the pertinent statutory provisions on criminal facts and Articles 8(1) and 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter the same), the prosecutor who selected fines appears to have received 30% per annum before July 15, 2014; and thereafter, 25% per annum from the Defendant’s interest rate exceeding the pertinent maximum interest rate.
However, Article 2(1) of the former Interest Limitation Act provides, “The maximum interest rate under the contract for monetary lending and lending shall be determined by Presidential Decree within the extent not exceeding 30% per annum.” On January 14, 2014, the maximum interest rate under the said provision was amended to “25% per annum.”
The enforcement date of the amended Interest Limitation Act is July 15, 2014, and Article 2 of the Addenda to the Interest Limitation Act is to enter into or renew the contract for the first time after this Act enters into force.