beta
(영문) 대전지방법원 2015.10.14.선고 2015고단2537 판결

이자제한법위반

Cases

2015 Highest 2537 Violation of the Interest Limitation Act

Defendant

A person shall be appointed.

Prosecutor

Kim Jong-Un (Court Prosecution) and Kim Jong-chul (Court Decision)

Defense Counsel

Attorney Park Do-ju (Korean National Assembly)

Imposition of Judgment

October 14, 2015

Text

Defendant shall be punished by a fine of KRW 5,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

On March 14, 2013, the Defendant loaned KRW 30,00,00 to the victim A with interest rate of KRW 30,000 per annum (payment on the 14th day of each month) and on June 13, 2013. The Defendant lent the leased principal by means of lending KRW 2,4,00,000 after deducting KRW 9,000,000 from the leased principal from KRW 1-month interest rate of KRW 9,70,000,000,000,000,000 to the victim, and thereafter, the Defendant received KRW 1,80,000 as additional interest rate of KRW 2-month interest rate from the said victim.

As above, the Defendant agreed to pay interest on 3% per annum in excess of the maximum interest rate under the Interest Limitation Act with the said victim = (i.e., interest on 3 months + interest on 2.7 million won + commission 4.7 million won)/ 2, 4400,000 Won X12/3,100) and actually received such interest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the police of the defendant (an interrogation of the defendant);

1. A, gambling* The police statement of the number of statements

1. A written application for adjudication, a written decision (the Daejeon District Court 2015 Seocho Jae-19), a written appeal, or a written appeal;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 8(1) and (2) of the former Interest Limitation Act (Amended by Act No. 12227, Jan. 14, 2014);

§ 1. Selection of fines,

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Comprehensively taking into account the details and circumstances of the instant crime, the number of interest received in excess, the amount deposited with the victim (5.150,000 won), the circumstances after the crime, the criminal records, age, and family relationship of the Defendant, etc., the punishment as ordered shall be determined.

Judges

Judges Lee Jae-won