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(영문) 수원지방법원 2017.08.17 2017고정1206
이자제한법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall receive interest exceeding the highest interest rate under the Interest Limitation Act (30% per annum from June 30, 2007 to July 14, 2014, and 25% per annum from July 15, 2014).

Nevertheless, the Defendant lent KRW 70 million to the C.P. on or around December 26, 2013, and received interest exceeding the interest rate on KRW 36% per annum for the principal amount of KRW 70 million between November 12, 2013 and August 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the interrogation of suspect C by the police (including parts concerning the testimony made by the substitution of suspect D);

1. Application of Acts and subordinate statutes to the details of bankbooks to the complainant company;

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. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the Criminal Act (Article 59(1) has no record of punishment for the crime of the same type; Article 59(1) of the borrower's promise to pay interest at a high rate to the defendant; and Article 59(1) of the same Act is deemed to have

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