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(영문) 의정부지방법원 2019.07.04 2019고정75
이자제한법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 25, 2012, the Defendant had a continuous monetary transaction relationship, such as lending KRW 99 million to the victim B on September 25, 2012.

No one shall receive interest exceeding the statutory maximum interest rate in making a monetary lending and borrowing transaction.

Nevertheless, on March 7, 2014, the Defendant agreed to borrow KRW 100,000,000 from the Defendant’s office located in Yangju-si to the victim B and to receive 4% interest on the borrowed amount. On April 5, 2014, the Defendant received KRW 4,000,000 from the monthly interest rate for KRW 1,00,000,000, which is the highest interest rate of KRW 35 times in total, and received interest over the statutory interest rate of KRW 213,90,000,00 in total, and received KRW 9,920,000,00 in excess of the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each deposit details and each detailed statement of repayment of borrowed funds;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 8(1) and Article 2(1) of the former Act on the Restriction of Interest (amended by Act No. 1227, Jan. 14, 2014); Articles 8(1) and 2(1) of the said Act (amended by Act No. 1227, Jan. 14, 2014); Articles 8(1) and 2(1) of the said Act on the Restriction of Interest (including each loan agreement for consumption); and selection of each fine for negligence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant recognized each of the crimes in this case, and the judgment of the court of first instance, which appropriates all the part exceeding the interest rate under the Interest Limitation Act, among the interests paid by the victim in the related civil procedure, to the principal, has become final and conclusive.

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