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(영문) 서울동부지방법원 2015.12.18 2015고정1935

이자제한법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

No person shall receive interest exceeding 25% per annum (30% per annum until July 14, 2014) which is the highest interest rate for lending and borrowing of money under the Interest Restriction Act.

Nevertheless, around July 27, 2012, the Defendant received the request from the victim C to lend KRW 5 million in the vicinity of the plaza market located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government (236-4), and agreed to receive KRW 60,000 each day between 100 days from the same day and then lent KRW 5 million to the victim. From that time to November 2012, the Defendant received the interest exceeding the maximum interest rate for monetary lending under the Interest Limitation Act by receiving the interest of KRW 6,00,000 from the victim at an annual interest rate of KRW 73%.

From around that time to July 14, 2015, the Defendant received interest exceeding the maximum interest rate prescribed by the Interest Limitation Act by receiving interest at an annual interest rate of 73% over a total of 13% as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each specification of transactions;

1. Application of the statutes on the copies of the account books and copies thereof;

1. Article 8(1), Article 2(1), and Article 2(1) of the former Act on the Restriction of Interest (wholly amended by Act No. 1227, Jan. 14, 2014; No. 1 through 7, the list of crimes) on criminal facts, and Article 8(1) and Article 2(1) of the former Act on the Restriction of Interest Concerning the Punishment of Crimes (amended by Act No. 12227, Jan. 14, 201; 8 or 13, respectively);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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