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(영문) 대전지방법원 2015.10.14 2015고단2537
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

On March 14, 2013, the Defendant: (a) lent KRW 30 million to victims D with interest rate of KRW 30 million per annum (payment on June 14) and due date on June 13, 2013; (b) lent the remainder of KRW 24,400,000,000 after deducting the monthly interest rate of KRW 90,000 from the leased principal from the monthly interest rate of KRW 1,00,000,000; and (c) thereafter, the Defendant additionally borrowed the remainder of KRW 1,80,000,000 from the said victim to the due date of payment by the two-month agreement.

As above, the Defendant agreed to the interest of 121.3% per annum [the amount of interest for three months = (the amount of KRW 4.7 million for KRW 2.7 million)/20,000 won X12/3X100] exceeding the maximum interest rate under the Interest Limitation Act with the above victim, and actually received such interest.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. The police statement of D or E;

1. Application of a written application for adjudication, a written decision (the Daejeon District Court 2015 Elementary and Secondary Court 2019), a written appeal, or a written appeal;

1. Article 8(1) and Article 2(1) of the former Act on the Restriction of Interest (Amended by Act No. 12227, Jan. 14, 2014); the choice of fines for criminal facts;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act include the contents and circumstances of the instant crime, the number of interests received in excess, the amount deposited against the victim (5.150,000 won), circumstances after the instant crime, the criminal records, age, family relationship, etc., and the overall sentencing conditions indicated in the pleadings of the instant case

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