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(영문) 서울북부지방법원 2019.08.30 2019고정442
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall receive interest exceeding 25% per annum on the maximum interest rate under the contract for lending and borrowing of money.

1. On June 12, 2017, the Defendant leased D with interest of 10% per month in the office located in the Mapo-gu Seoul Metropolitan Government B building C, on condition that 20 million won is paid with interest of 10% per month, and deposited 17.5 million won in D’s bank account after deducting 2.5 million won as a fee, and received interest equivalent to 2,1690,000 won per annum from June 27, 2017 to September 28, 2017 from September 27, 2017 as a total of 2,169,000 won for repayment of principal and interest from D, and received interest equivalent to 775.19%

2. On September 29, 2017, at around 13:00 on September 29, 2017, the Defendant lent D principal of KRW 3,6.1 million to D with interest of KRW 10% for 2 months at the office located in the office located in the building E (U.S.) Dong-gu, U.S. Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, for deposit into D corporate bank account with KRW 3.9 million after deducting KRW 3.9 million as a fee. From November 3, 2017 to December 20, 2017, the Defendant received a total of KRW 32.7 million from D for repayment of principal and interest, and received interest equivalent to 182.48% per annum exceeding the maximum interest rate.

3. Around 13:00 on December 22, 2017, the Defendant leased 1.5 million won to D with interest rate of 1.8 million won per month on a condition that the principal shall be paid 1.8 million won per month, and deposited into D’s corporate bank account with a fee of 1.3 million won after deducting 1.2 million won. From January 10, 2018 to January 31, 2018, the Defendant received a total of 1,755,00 won from D for repayment of principal and interest, and received interest amounting to 425.14% per year exceeding the maximum interest rate of 1,755 million won per year.

4. On July 10, 2018, the Defendant leased D’s factory operated by Kimpo-si G, Kimpo-si, and D’s principal amounting to KRW 25 million to KRW 20% for three months, and deposit 19.5 million with D’s corporate bank account after deducting KRW 2.5 million and three million under the name of prior interest, and deliver it to D’s principal and interest from July 18, 2018 to July 25, 2018.

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