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(영문) 대구지방법원 김천지원 2017.10.17 2017고정400
이자제한법위반
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 20, 2015, the defendant shall be the defendant's residence in the Gu-Si B, and the due date for payment shall be 10% of the monthly interest, and the principal shall be repaid with the accounts opened by the defendant as a member of the accounts opened by the defendant.

“Subject to the terms “C”, a monetary consumption loan agreement with C was concluded for KRW 25 million, and on the same day, the Defendant deposited KRW 1,922,00,000,000,000,000 calculated by deducting KRW 3.28,000,000,000,000,000,000,000,000 won

In terms of interest from the above C, the Defendant received KRW 2.5 million in cash around January 20, 2016, KRW 1.5 million in cash around March 2016, KRW 1.5 million in cash around April 2016, KRW 500,000 in cash around May 12, 2016, KRW 500,00 in cash around May 23, 2016, KRW 1 million in the above account around June 3, 2016, KRW 500,00 in cash around June 7, 2016, KRW 50,000 in the above account around July 15, 2016, respectively.

Accordingly, the Defendant received a total of KRW 8.95 million from December 20, 2015 to July 15, 2016 from the above C as interest, and received an interest rate of KRW 69.46% per annum exceeding 25% per annum, which is the highest statutory interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to inquire about the details of transactions by complainants, documents submitted by complainants (checks and written descriptions), documents submitted by the defendant's novels (written descriptions and copies of borrowed letters);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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