(However, "suspects" is called "defendants"

2. A prosecutor who receives interest exceeding the maximum interest rate prescribed in Article 2(1) of the Interest Limitation Act on the charged facts of this case shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won.

Article 2 (Maximum Interest Rate) (1) The maximum interest rate under a contract for lending and borrowing of money shall be prescribed by Presidential Decree within the scope not exceeding 30 percent per annum.

Article 8(1) of the Act on the Restriction on Interest, which is a penal provision, was instituted by applying B, but the same Act was amended by Act No. 10925 on July 25, 201, and was enforced on October 26, 201 pursuant to Article 1 of the Addenda of the same Act. Thus, the Defendant’s act of receiving interest exceeding the statutory interest rate prior to the enforcement date does not constitute a violation of the Interest Limitation Act.

Therefore, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.