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(영문) 서울남부지방법원 2021.03.25 2020고정1922
이자제한법위반
Text

Defendant

A and C shall be punished by a fine of KRW 1,000,000, and by a fine of KRW 700,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On December 25, 2015, the Defendant: (a) provided F with a loan of KRW 5 million to F; and (b) provided KRW 4.7 million calculated by deducting KRW 300,000,000 per day; (c) agreed to receive a reimbursement of KRW 3,000,000 per day plus KRW 60,000,000 per day; (d) received interest rate of KRW 146.6% per annum with a total of KRW 2,100,000 per annum as principal and interest; and (e) received interest exceeding the highest interest rate under the Act on the Restriction of Interest through 32 times from February 18, 2020.

2. On November 20, 2015, the Defendant: (a) provided F with a loan of KRW 5 million to F; and (b) agreed to receive KRW 3,700,000,000 per day plus KRW 5,000,000,000,000 for five days each; (c) received 146.6% interest per annum by receiving a total of KRW 5,70,000 for principal and interest; and (d) received interest exceeding the highest interest rate under the Act on the Restriction of Interest from November 26, 2019 to November 26, 2019.

3. On March 13, 2018, the Defendant: (a) provided F with a loan of KRW 5 million to F; and (b) agreed to receive KRW 3,700,000,000,000 per day plus KRW 60,000,000,000 per day; (c) received 600,000 won per annum as the principal and interest; and (d) received interest exceeding the maximum interest rate of the Act on Interest Restrictions over 15 times from November 17, 2017 to March 10, 202.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with respect to F;

1. Recordings, recording records, investigation reports (related to attachment ofA data) - The list of multiple loans, copies of household register, and the application of C-recording legislation;

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

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