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(영문) 서울동부지방법원 2015.11.20 2015고정1675

이자제한법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive interest exceeding 30% per annum from October 26, 201 to July 15, 2014, which is the maximum interest rate under a contract for lending and borrowing of money, and 25% per annum from July 15, 201 to July 15, 2014.

Nevertheless, the Defendant lent KRW 7 million to B around November 26, 201, and received interest of KRW 280,000 per annum in excess of the maximum interest rate, from around 13 times until August 13, 2014, the Defendant lent KRW 4,956,00 in total, and received interest exceeding the maximum interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A complaint (including a copy of the details of transactions in the passbook attached thereto, and a statement of details of loan transactions);

1. In the investigation report (amended on the list of crimes after confirmation against the victim B), the defendant asserts that as long as the interest received in excess of the maximum interest rate under the Interest Limitation Act is appropriated for the principal, it cannot be subject to criminal punishment due to the act of receiving the interest above the maximum interest rate. However, even if the interest exceeds the interest rate under the Interest Limitation Act, it is merely an effect in civil relations between the defendant and the victim, and it does not affect the criminal liability of the defendant. Thus, the above argument is without merit).

1. Article 8(1) and Article 2(1) (No. 10 through 13) of the Act on the Limitation of Interest on Criminal Crimes, the former Interest Limitation Act (Amended by Act No. 12227, Jan. 14, 2014; No. 1 through 9); the choice of fines

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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