Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

It shall not receive interest exceeding 25% per annum, which is the highest interest rate under the contract for lending and borrowing of money prescribed by Presidential Decree.

However, on September 19, 2016, the Defendant loaned KRW 100,000,000 to D, which was known through the introduction of the branch, at the office of the B lawyer located in Busan Metropolitan Government (Seoul) on September 19, 2016, and agreed to receive KRW 10,000,000 as the interest rate between the month and the interest rate of KRW 121.67% exceeding the statutory interest rate of KRW 24%. The Defendant borrowed KRW 110,00,000 as the principal and interest rate by receiving KRW 110,00,000 as the principal and interest rate from D E as the creditor.

Accordingly, the Defendant loaned money and received interest exceeding the highest interest rate.

Summary of Evidence

1. Statement of witness E in the second public trial protocol;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A copy of the loan certificate (Article 4 of the Interest Limitation Act provides that the receipt by a creditor in connection with a loan of money shall be deemed interest, notwithstanding any name, such as a deposit, discount, fees, mutual aid, substitute payment, and other titles, and as long as the defendant has agreed to receive in return for a loan of KRW 10 million to D while lending KRW 100 million to D, the above KRW 10 million shall be deemed as interest regardless of the name thereof);

Application of Statutes

1. Provisions on the maximum interest rate under Article 8(1) and Article 2(1) of the former Act on the pertinent Act on the crime-related facts, the restriction on the selective interest of punishment, and Article 8(1) and Article 2(1) of the former Restriction on Interest (amended by Presidential Decree No. 28413, Nov. 7, 2017; the choice of fines and fines)

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (main facts charged) of the Provisional Payment Order;

1. On June 1, 201, the Defendant: (a) lent KRW 10,00,000 to G office located in the Busan Northern OceanF; (b) deducted KRW 300,000 from prior interest; and (c) paid KRW 9,70,000 each day for 13 months after paying KRW 9,70,000.