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(영문) 전주지방법원 군산지원 2020.01.08 2019고정228
이자제한법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No interest shall be paid in excess of 24% per annum, which is the maximum interest rate under the contract for lending and borrowing of money.

1. Nevertheless, on October 25, 2018, the Defendant: (a) agreed to lend KRW 3 million to B as of January 25, 2019, the period for repayment to B as of January 25, 2019; (b) delivered KRW 2,50,000,000 after deducting 4,50,000,000 in advance interest and KRW 4,550,000 per month; and (c) agreed to receive KRW 3 million in principal on January 25, 2019; and (d) agreed to receive KRW 3,00,000 as of January 25, 201, the Defendant received interest from B, exceeding the maximum interest rate of KRW 21.7% per annum.

2. On December 18, 2018, the Defendant agreed to lend KRW 10 million to B at the parking lot of the citizen hall as indicated in paragraph (1) around October 18, 2019, with the maturity of KRW 10 million as of October 18, 2019, the Defendant issued KRW 9.1 million after deducting the amount of advance interest from KRW 900,000,000,000,000 per month, and agreed to receive KRW 8.1 million per month on October 18, 2019, and received interest at KRW 118.7% per annum from B exceeding the maximum interest rate of KRW 118.7% per annum.

3. On March 14, 2019, the Defendant agreed to lend KRW 1,00,000 to B by telephone at a non-displace on April 14, 2019, the Defendant received interest equivalent to KRW 8,50,000,000,000, after deducting 1,50,000 won in advance and under the name of the interest, and agreed to receive KRW 1,00,000,000 from one month after the month.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of deposits, replies to requests for investigation cooperation (investigation-3114), application of Acts and subordinate statutes governing loan interest rate calculation;

1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 8 (1) and 2 (1) of the Restriction on Interest Options of Punishment Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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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