Defendant shall be punished by a fine of 6 million won.

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

Punishment of the crime

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

Nevertheless, on February 12, 2016, the Defendant loaned KRW 200,000 to the victim B’s account under his/her name at a closed place, and received interest exceeding 25% per annum from May 31, 2016 to April 6, 2017 by receiving a total of KRW 190,000,000 as stated in the list of crimes in the separate sheet of crime from May 31, 2016.

The Chuncheon District Court 2017 rendered a judgment on July 11, 2018 in the case of Gohap 209, a claim filed by the injured party against the Defendant.

In determining the substance of this case’s agreement as monetary consumption lending, the above judgment arranged the total amount of KRW 190 million repaid by the victim in the table.

Unless there are special circumstances, the above determination on appropriation can also be applied to this case. However, in this case, a criminal case, it is sufficient to determine whether the defendant received money from the injured party in excess of 25% per annum (the highest interest rate applied under Article 2 of the Interest Limitation Act applied at the time of February 12, 2016, the contract date, and Article 2 (1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), and it is clear in calculating the facts that the defendant received money in excess.

Summary of Evidence

1. Each legal statement of witness B, D, and E;

1. Application of investigation reports (No. 4 times a year), confirmation of the results of electronic financial transfer, and investment agreement (No. 8 times a year);

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Election of Criminal Offenders and Articles 8 (1) and 2 (1) of the same Act (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit.