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(영문) 대전지방법원 천안지원 2016.03.25 2016고정106
이자제한법위반
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The sentence against the accused shall be determined by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person engaged in the real estate business, and the highest interest rate under the contract for lending and borrowing of money shall not be paid with interest exceeding the highest interest rate as 25% per annum.

Nevertheless, on January 27, 2012, the Defendant received KRW 200,000 as a prior interest on the loan amount of KRW 2,00,000 from the F Real Estate Office operated by E in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the Defendant received KRW 18,00,000 as interest on eight occasions until April 8, 2013, as indicated in the list of crimes in the attached Table, and received KRW 162,50,000 as interest and received KRW 5,00,000 from H on June 13, 2013, under the condition that he receives KRW 162,50,000,000,000 from H, and received KRW 5,000,000,00 per annum, and received the highest interest rate exceeding the interest rate of KRW 3,33% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. To submit a contract for the transfer of bonds, details of transactions, loan certificates, and reference materials;

1. Application of Acts and subordinate statutes to a investigation report (interest rate and excess amount calculated, report on calculation of the amount paid / Telephone search for witness);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the criminal records of the Defendant’s criminal punishment, the recognition of the Defendant’s erroneousness, and the circumstances after the instant crime, etc. are determined as follows: (a) the punishment shall be determined as ordered in light of the circumstances surrounding the instant crime, and

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