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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The facts charged of this portion of “24% per annum”, which is the maximum interest rate under the contract for lending and borrowing of money, is “25% per annum,” but the maximum interest rate under the Interest Limitation Act, from July 15, 2014 to February 7, 2018, shall not be collected in excess of 25% per annum (Article 2(1) of the Interest Limitation Act, Article 2(1) of the former Interest Limitation Act, Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 17, 2017) or 24% per annum [the same] thereafter (Article 2(1) of the Interest Limitation Act, Article 2(1) of the Interest Limitation Act, Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 17, 2017).
From January 2017, the Defendant: (a) lent money several times to B operating a restaurant; (b) borrowed additional KRW 25 million to B on March 16, 2018; and (c) concluded that B’s husband C as the debtor, and B as the guarantor, the Defendant did not receive KRW 65 million; and (d) written a loan certificate for KRW 115 million in total, including KRW 50 million in a notarial deed, and agreed to receive KRW 25 million in a notarial deed by the end of June; and (b) agreed to receive KRW 30 million in a interest rate on the said money.
Pursuant to the foregoing agreement, the Defendant received KRW 7,50,000,000 per annum from Seopo-si D on June 28, 2018 to the end of June, 2018 under the pretext of monthly interest for KRW 25,000,000 per annum, and received KRW 7,50,000 per annum from around that time to May 17, 2019 as interest.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A E-document;
1. The complaint, each detailed statement of deposit transactions, ledger of reception, copy of notarial deed, record recording, statement of transactions, calculation statement of appropriation of performance, and investigation report A.