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(영문) 서울중앙지방법원 2014.10.07 2013고정1543
이자제한법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On May 21, 2012, the Defendant violated the Interest Limitation Act: (a) at E-cafeteria operated by the victim D in Gwanak-gu in Seoul Special Metropolitan City, the Defendant agreed to lend KRW 100 million to the victim on the condition that he/she will receive interest of KRW 5 million per month exceeding 30% per annum, which is the maximum legal interest rate; and (b) granted KRW 95 million per annum, excluding KRW 5 million per interest; and (c) around June 21, 2012, the Defendant was paid KRW 60 million per annum exceeding 30% per annum, which is the maximum legal interest rate, as interest, from the victim at the above place.

2. Interference with business;

A. A. On June 2, 2012, the Defendant: (a) at the above place on the same day; (b) around June 2, 2012, the Defendant: (c) placed a table of sticked with the victim D, which was being asked for a prompt demand from the victim D by raising the speech; and (d) obstructed the Defendant’s operation of the restaurant by avoiding disturbance, such as “I will help the gate, so I will do so, and if I will do so, I will do so.”

B. Around July 20, 2012, the Defendant: (a) did not pay interest to the victim D at the above place; (b) obstructed the victim’s restaurant operation by avoiding disturbance, such as: (c) the victim D was able to receive the said money; (d) the inside of the Republic of Korea, it was so long as she would have the victim receive the money; and (e) the she would have been able to do so to customers; and (e) the victim’s restaurant operation.

C. On July 28, 2012, the Defendant: (a) at the foregoing place; (b) around July 28, 2012, 6-7, the victim D did not pay interest; and (c) sought the victim’s restaurant; and (d) demanded customers to talk with the victim’s disturbance, such as: (a) “Inward the money, why he was unable to pay interest; and (b) whether he was paid with the money; and (c) demanding customers to pass the restaurant, thereby interfering with the victim’s restaurant operation.

On August 10, 2012, the Defendant: (a) at the foregoing place around August 10, 2012; (b) at the victim’s restaurant with the victim’s 6-7 behaviors, where the victim D did not pay interest; and (c) the Defendant sounded that “the cafeteria is closed, and why is the interest.” The Defendant is a restaurant of the victim.

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