Where a credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the interest rate shall not exceed the interest rate prescribed by Presidential Decree within the limit of 50/100 per annum.

Nevertheless, on April 12, 2010, the Defendant loaned 5,000,000 won to the victim D (year 47 years of age, south) at the office located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, 201, and received 6,000,000 won in total over 60 times in total, and received 144% interest, and received 144% interest, and received more than the statutory interest rate.

Judgment

According to the records, etc. of this case, on September 26, 2012, the Defendant was sentenced to six months of imprisonment for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, and two years of suspended execution, at the Daejeon District Court, on October 5, 2012, and the above judgment became final and conclusive on October 5, 2012, and part of the criminal facts of the above judgment is that the Defendant received interest exceeding the statutory interest rate from D, the same victim as the victim of the facts charged of this case, on five occasions between May 25, 2010 and December 23, 2012.

According to the above facts, the facts charged in this case, which became final and conclusive and committed prior to the pronouncement of the judgment, are related to a single comprehensive crime under substantive law in light of the method and method of the crime, duration of the crime, identity of the victim, etc.

Therefore, the effect of the above final judgment is limited to the facts charged in this case, which is the relation of a single comprehensive crime, and therefore, the facts charged in this case constitutes a final judgment.

Therefore, the charged facts of this case shall be acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.