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(영문) 인천지방법원 2017.05.12 2017고정794
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall receive interest exceeding 25 percent per annum, which is the highest interest rate under a contract for lending and borrowing of money.

Nevertheless, around May 29, 2016, the Defendant loaned 4,50,000 won, excluding advance interest and 500,000 won, to the above D around May 29, 2016, the Defendant borrowed 4,50,000 won, excluding advance interest and 500,000 won, to the Saemaul Treasury (F) in the name of the Defendant on June 29, 2016, 50,000 won, 2,000 won with the same account on September 4, 2016, and 5,00,000 won with the same account on November 24, 2016, and 3,00,000 won with interest equivalent to the annual interest rate of 1,333%, and received from the said D the highest interest rate on money lending and lending, exceeding 25 percent per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Copy of the loan certificate;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and departure;

1. Relevant Article 8 (1) and Article 2 (1) of the Act on the Restriction of Freedom of Interest on Criminal Crimes, Articles 8 (1) and 2 (1) of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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