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(영문) 창원지방법원 진주지원 2019.07.19 2019고단308

이자제한법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall receive interest exceeding 30% per annum until July 14, 2014 and 25% per annum from July 15, 2014.

Nevertheless, around May 11, 201, the Defendant lent KRW 1,00,000 to B from Jinju and received KRW 100,000 as interest per month, and received interest equivalent to KRW 120% per annum. From that time to January 16, 2017, the Defendant lent KRW 26,50,000 in total over 14 times from that time to January 16, 201, and received interest exceeding the highest interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of Acts and subordinate statutes to documents submitted by the complainant (statement of account transactions, details of borrowed money, statement of principal and interest payment), and copies of notarial deeds;

1. Article 8(1) of the relevant Act on the Punishment of Criminal Crimes, Articles 8(1) and 2(1) of the Restriction on Interest Rate (Article 8(1) and Article 2(1) of the former Act on the Restriction on Interest Limitation (amended by Act No. 12227, Jan. 14, 2014) shall apply to the crime committed before July 14, 2014); the choice of each imprisonment term

1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62(1) of the Criminal Act - The period of commission is long, and the amount of interest collected in excess is considerably high - the crime is recognized, and there is no penalty for the same crime. Other circumstances of the lending and the relationship between the defendant and B, etc