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(영문) 대구지방법원 2018.02.07 2017고정1524

이자제한법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall receive interest exceeding 30% per annum from October 26, 201 to July 14, 2014, which is the highest interest rate under a contract for lending and borrowing of money, and 25% per annum from July 15, 2014 to the present date.

Nevertheless, the Defendant agreed to receive interest equivalent to 13% per annum (156% per annum) from his clothes stores in Daegu-gu Dong-gu, and agreed to receive D interest amounting to 1,00,000 won around February 2012, 2013, KRW 3,000,000 around January 2014, KRW 1,000,000 around December 2014, and KRW 1,000,000 around June 2015, and KRW 2,00,000,000 around June 2015, and received the highest interest rate exceeding the interest rate of KRW 18,951,00 per annum (15% per annum) over total 31 times from February 2, 2013 to September 2015, as stated in the attached list of crimes.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police against D;

1. Part concerning D's statement concerning the suspect interrogation protocol of the police against the defendant

1. The provisions of the Acts and subordinate statutes applicable to the bank passbook in the name of each D, amount paid by D to A as interest (the first assertion), investigation report (the submission of the details of D interest payment), each account transaction, account transaction details with E, list of D-A interest settlement, account settlement list, record of national bank account transaction, investigation report (to hear the complainant's statement), investigation report (to attach D interview and copy of passbook), and copy of passbook of bank passbook in the name of F;

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

1. A fine of five million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the Defendant reflects the mistake while making a confession of the instant crime, the Defendant has no record of criminal punishment exceeding the same kind of crime or fine, D and the borrower smoothly agreed after the instant indictment, and the Defendant has still received most principal from the borrower until now.