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(영문) 울산지방법원 2018.01.19 2017고정1180
이자제한법위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant I shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[criminal record] On September 14, 2017, Defendant A was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Ulsan District Court, which became final and conclusive on September 22, 2017.

[2] The maximum interest rate under the contract on the re-loan of gold shall be 30% per annum or 25% per annum [the maximum interest rate under Article 2 (1) of the Interest Limitation Act [the provisions on the maximum interest rate under Article 2 (1) of the Presidential Decree [the partial amendment of June 11, 2014]] of the interest rate under Article 2 (1) of the Interest Limitation Act shall be 25% per annum.

Article 1 (Enforcement Date) of the Addenda to this Decree shall enter into force on July 15, 2014.

shall not exceed.

Nevertheless,

A. On March 24, 2014, Defendant A lent KRW 4,500,00 to the victim L at a “K cafeteria” underground parking lot located in Ulsan-gu, Ulsan-gu, and Defendant A received payment of KRW 4,500,000 of the loan principal amount and KRW 500,000 on April 7, 2014, and the court received payment of KRW 30% per annum exceeding 259.6% per annum, and received interest exceeding the statutory maximum legal interest rate over 13 times in total, such as the written list of crimes (Ⅰ).

B. On April 15, 2016, Defendant I lent KRW 4,300,00 to the victim L at a “K cafeteria” market office in Ulsan-gu, Ulsan-gu, and Defendant I received payment of KRW 4,300,000 of the loan principal and interest KRW 700,000 on May 30, 2016, and the court received payment of KRW 4,300,000 per annum for a year exceeding 107% per annum, and received interest exceeding the maximum legal interest rate over 132% per annum as stated in Section (Ⅱ) of the List of Crimes in the attached Table.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes on each copy of a loan and the details of each monetary transaction;

1. Relevant legal provisions and Defendant A who selected a punishment for a crime: Article 8(1) and Article 2(1) of the Interest Limitation Act (the selection of a punishment penalty, the violation of each of the interest limitation laws in the judgment below is in the relation of fraud for which the judgment becomes final and the relation of concurrent crimes after Article 37 of the Criminal Act, and Article 39(1) of the Criminal Act.

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