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(영문) 수원지방법원 2018.09.13 2018고정1181
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a family heading person.

No person shall receive interest exceeding 25 percent per annum, which is the highest interest rate under the contract for lending and borrowing of money provided for in Article 2 (1) of the Interest Restriction Act.

Nevertheless, on June 10, 2016, the Defendant received KRW 60,000 as interest rate of KRW 3,00,000 from the Defendant’s office of Suwon-si B, 402 to C on the 8th of the same month from the account number D of Korea to the account number of the Defendant under the name of the Defendant, and received KRW 25% interest rate of KRW 4,110 to KRW 5,890 per annum, which is the highest interest rate for the monetary lending and borrowing contract under the Interest Restriction Act, from KRW 4,110 to KRW 5,890, as in the list of crimes in the attached Form, and received interest rate of KRW 53,509,795 over 213 times per annum, which is the highest interest rate for the monetary lending contract.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning C (Supplement of statement);

1. Complaint;

1. Application of a copy of Korean bank D transactions in the name of the complainant C, and a copy of the NongHy E transactions in the name of A;

1. Relevant Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the elective Punishment and the Selection of Fines concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the Defendant’s mistake, there is no history of criminal punishment, and the Defendant appears to have weak awareness of illegality as a criminal act by the active solicitation of the complainant C, and the Defendant borrowed money from financial institutions and persons and borrowed a large amount of money exceeding KRW 380 million to C until then. However, even if all interest that was paid in excess of the limit under the Interest Limitation Act were appropriated to the principal, it appears that the principal cannot be repaid up to the present time even if it was appropriated to the principal, and all of the sentencing conditions such as the background leading up to the commencement of the investigation into the instant case, the Defendant’s age, sexual conduct, environment, etc. are considered.

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