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(영문) 의정부지방법원 2020.11.19 2019고정707
이자제한법위반
Text

The defendant shall be innocent.

Reasons

1. No summary of the facts charged shall receive interest exceeding 25% per annum, which is the maximum interest rate under a contract for lending and borrowing of money;

Nevertheless, the Defendant lent KRW 10 million to B around February 17, 2017, and received interest exceeding 25% per annum on three occasions from February 2017 to May 2017, by receiving interest of KRW 60% per annum from around February 2017, and received more than 25% per annum, and as indicated in the attached list of crimes, lent KRW 45 million per annum to B, and received interest exceeding 25% per annum from September 2018.

2. The summary of the Defendant’s and the defense counsel’s assertion did not have received interest exceeding 25% per annum, which is the highest interest rate under the Interest Limitation Act.

3. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof fails to sufficiently reach the extent to have the aforementioned convictions, the determination ought to be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(4) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by this court, the evidence alone presented by the prosecutor cannot be deemed as proven without reasonable doubt that the Defendant received interest exceeding the maximum interest rate under the Interest Limitation Act, and there is no other evidence to acknowledge otherwise.

① In the police station, “B borrowed KRW 10 million from the Defendant on February 17, 2017, and paid KRW 600,000 to six (6) interest per month, and paid KRW 600,000 per month from March 17, 2017 to May 2, 2017,” and “Defendant was paid with full payment on May 2, 2017,” respectively.

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