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(영문) 서울중앙지방법원 2017.09.20 2017고정592

이자제한법위반

Text

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

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

Reasons

Punishment of the crime

1. From March 12, 2013, the Defendant loaned KRW 15 million to the victim C, and agreed to receive KRW 5% of the principal of each interest per month, and lent KRW 15 million to the victim’s agricultural bank account, and leased the money to the victim. From April 15, 2013 to March 15, 2016, the Defendant received interest amounting to KRW 750,000 per annum for 36 months from April 15, 2013 to March 15, 2016, and received interest exceeding the highest interest rate.

2. From July 28, 2014, the Defendant lent KRW 5 million to the above victim, agreed to receive 5% of the principal per month as interest, and wired KRW 4.75 million after deducting KRW 250,000 from the prior interest to the said agricultural cooperative account, and thereafter, leased the money to the said agricultural cooperative account. From August 28, 2014 to March 28, 2016, the Defendant received interest amounting to 250,000 won per annum from the damaged party for a period of 22 months from March 28, 2016 and received interest exceeding the highest interest rate.

3. From November 14, 2014, the Defendant loaned KRW 10 million to the above victim, agreed to receive KRW 7% of the principal of each month, and lent the money to the said account, and thereafter, leased the money. From November 14, 2014 to March 15, 2016, the Defendant received interest amounting to KRW 700,000 per annum for 84% per annum from around November 14, 2014 to around March 15, 2016, exceeding the highest interest rate.

4. On June 17, 2015, the Defendant loaned KRW 25 million to the above victim, agreed to receive KRW 7% of the principal of each month, and lent KRW 2,325,000,000,000 to the above account after deducting KRW 1,750,000,000,000 from the above account. From July 2015 to March 16, 2016, the Defendant received the interest amounting to KRW 1,759 per month from July 2015 to KRW 179 per annum, and received the interest exceeding the highest interest rate.

Summary of Evidence

1. The legal statement of the witness C;

1. Part concerning C’s statement in the police interrogation protocol against the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;