beta
(영문) 서울북부지방법원 2014.12.19 2014고정2619

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

No person shall receive interest exceeding 30 percent per annum, which is the highest interest rate under a contract for lending and borrowing of money.

Nevertheless, around December 31, 2013, the Defendant lent KRW 20 million to D at the “C” restaurant operated by the Defendant in Dongdaemun-gu Seoul, Seoul, to D, and leased KRW 1 million from D on January 28, 2014, KRW 1 million on February 25, 2014, and the same year.

3. 29.610,00 won, and the same year.

3. On August 5, 2011 to January 23, 2014, 201, a sum of KRW 3 million was paid as interest, and a sum of KRW 60.83% ( KRW 3 million x KRW 365 days/90 x 100) annually received interest equivalent to KRW 60.83% ( KRW 3 million x 365 days x 100) per annum, and as indicated in the attached list of crimes, a bank has borrowed money to D nine times every time and received interest exceeding 30% per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

1. Article 8(1) and Article 2(1) of the former Act on the Restriction of Interest (amended by Act No. 1227, Jan. 14, 2014); the selection of fines for criminal facts;

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;