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The defendant shall be innocent.
Reasons
1. On August 13, 2010, the Defendant of the facts charged: (a) delivered KRW 200,000,000 to the representative of Samsung-dong Law Firm (F) on Han-ro; (b) “No later than February 15, 2012, the Defendant shall pay KRW 450,000,000, including investment profits from the investment fund until February 15, 201, regardless of the business operation result and actual profit; (c) paid KRW 250,000,000, monthly interest of KRW 250,000,000, KRW 250,000,000, KRW 200,000, KRW 200,000, KRW 200,000, KRW 200,0000, KRW 100,0000, KRW 200,0000, KRW 200,000,000.
[10,000,000 won among them] The defendant received interest (190,000,000 won as interest for six months) exceeding 30% per annum under the Interest Limitation Act.
2. Article 8(1) of the Interest Limitation Act, which applies to the judgment prosecutor to the above facts charged (hereinafter “instant penal provision”), was amended by Act No. 10925 on July 25, 201, and was enforced on October 26, 201 from the date on which three months elapsed after its promulgation pursuant to paragraph (1) of the Addenda to the same Act. Article 8(2) of the said Addenda provides for the transitional provision on the calculation of interest rate under this Act, “The interest rate under this Act shall be calculated after the enforcement date of this Act as to the contractual interest rate on money lending and lending established before the enforcement date of this Act,” while there is no transitional provision on the calculation of interest rate, it refers to the fact that there is no other transitional provision on the newly established penal provision, and the registration of credit business and the protection of financial users.