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(영문) 제주지방법원 2014.06.13 2013고단1528

이자제한법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Although a person violating the Interest Limitation Act does not receive interest exceeding 30% per annum on a monetary lending contract, the Defendant loaned KRW 1.8 million to B from May 2012, 201, and the Defendant received 200,000 won by adding the principal interest to 1.1 once every five months. From that time until December 31, 2012, he/she borrowed KRW 9.9 million in total to B from December 31, 2012, and received interest calculated at the rate of KRW 133% per annum 2.2.2 million per annum x 100,000 won x 1000 won x 1.3% per annum 2.3% per annum with the intention of committing a violation of the Act on fair collection of claims or by threatening or threatening the victim, or by threatening or threatening 1.2% with the intent of committing a new act of causing assault, threat, threat, or threatening 1.27% per annum.

From around that time to March 4, 2013, a debt collection act was conducted by threatening a victim at least six times in total, as shown in attached Table 2, including intimidation of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police and suspect examination protocol of the accused;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to a criminal report (investigation related to the deposit account of a victim);

1. Relevant statutory provisions and the choice of punishment for a crime: Articles 8 (1) and 2 (1) of the Interest Limitation Act (the point where interest exceeds the restriction rate), Article 15 (1) and Article 9 subparagraph 1 of the Fair Debt Collection Practices Act (the point where debt collection is conducted by intimidation); and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act;