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(영문) 수원지방법원 성남지원 2017.08.10 2017고정599

이자제한법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive interest exceeding 25% per annum, which is the highest interest rate under a contract for lending and borrowing of money.

Nevertheless, the Defendant lent KRW 400,000,00 to C around March 4, 2015, and received interest of KRW 20,000,00 per annum exceeding the highest interest rate of KRW 60,000 per annum, and from that point to December 4, 2015, the Defendant loaned KRW 1,215,00,000 in total five times during the period from that point to December 4, 2015, and received interest exceeding the highest interest rate.

Summary of Evidence

1. Partial statement of the defendant;

1. Part C of the statement made to the defendant in two times in the suspect interrogation protocol against the defendant;

1. C Police Statement Statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on attachment of an agreement submitted by the person to whom it is raised), investigation report (loan and specific report on the amount repaid);

1. Relevant Article 8 (1) and Article 2 (1) of the Act on the Restriction of Freedom of Interest on Criminal Crimes, Articles 8 (1) and 2 (1) of the same Act, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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