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(영문) 부산지방법원 동부지원 2019.01.16 2018고정713
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall receive interest on any loan of money exceeding the maximum interest rate prescribed by Presidential Decree.

1. On July 27, 2012, the Defendant, at around July 27, 2012, lent KRW 2,1750,000,000,000,000,000,000,0000,000,000 from the Certified Judicial Scriveners Office located in Busan (B) to D, and received interest at the rate of 25% per annum (30% per annum from September 2012 to July 2016) exceeding the maximum interest rate of 25% per annum (30% per annum from July 27, 2012 to July 14, 2014).

2. On May 16, 2016, the Defendant loaned KRW 5,865,00,000,000,000,000,000,000 to D, from the Ftel construction site office located in Ulsan-gun, Ulsan-gun, to D, excluding the advance interest of KRW 1,1355,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (including submission of a criminal complaint's account and H bank account), investigation report (including attachment of details of transactions to G bank account in the name of a suspect);

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest Concerning Criminal Facts and the Selection of Fines 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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