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(영문) 부산지방법원 2017.09.14 2017고정1422

이자제한법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On August 7, 2015, the Defendant agreed to lend KRW 10,000,000 to the victim B for monthly interest of KRW 1,000,000 and due date on October 7, 2015. Around that time, the Defendant provided KRW 8,937,00,000 after deducting KRW 1,00,000 from the person who was the first line and KRW 63,00 from the notarized cost.

From around May 2016, the Defendant was transferred KRW 17,00,000,00 from the damaged person, such as interest, overdue interest, etc., to the new cooperation account in the name of C, as stated in the list of crimes in attached Form C.

As a result, the Defendant received interest equivalent to 103% per annum exceeding 25% per annum of the highest interest rate under the contract for monetary lending and lending.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. A protocol concerning the examination of suspects of D;

1. Application of the Act and subordinate statutes to inquire of transaction details (19 pages of investigation records), each receipt (26 pages of investigation records), the Kakao Kakao Stockholm messages (35 pages of investigation records);

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Election of Criminal Offenders and Articles 8 (1) and 2 (1) of the same Act (Optional to Penalty);

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;