대부업등의등록및금융이용자보호에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the Prosecutor, the fact that the Defendant received interest exceeding the limited interest rate from F and G can be acknowledged.
The court below found the Defendant not guilty of the facts charged of this case.
2. The judgment F, G, from the police investigation to the original trial or the trial court, stated that “one million won was borrowed from each Defendant, and 400,000 won was transferred from each Defendant to the head of Tong, including the principal and interest for three months, with a total of 1.2 million won on three occasions in total, including the principal and interest for each month.”
The statement between F and G is relatively consistent and concrete about the amount of borrowed money, repayment method, interest agreement, etc.
The Defendant asserts that the amount loaned to F and G is KRW 90,000,000 each, and that the Defendant agreed to receive the interest of KRW 3.25% per month, and that each of the above loans has been prepared.
① However, at the investigative agency, the lower court, or the first instance court, consistently stated that the Defendant entered the loan amount, interest rate, etc. in the form of the loan certificate brought by the Defendant at the time, as instructed by the Defendant. ② As to the method of repayment, the Defendant stated in the police investigation that “The Defendant was paid KRW 400,000 in the first month and received interest calculated at the rate of 3.25% in the remainder of the principal and the monthly interest after three months in the first month” (in the investigation record, 38 pages), and stated different statements from the description of the loan certificate (in addition, 3.90,00 won as well as receiving interest rate of KRW 29,250 in the calculation of interest rate of KRW 3.25% in each month, cannot be considered in light of the general form of the transaction of credit business. Accordingly, it is recognized that each loan certificate is merely formally accepted in order to be punished as a violation of restrictions.
In full view of these circumstances.