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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall receive interest exceeding 25% per annum, which is the maximum interest rate under a contract for lending and borrowing of money.
Nevertheless, the Defendant heard that he would pay interest of KRW 8 million per month and monthly 10% of the cash to be used as labor cost, and offered that he would lend money to B, and if so, he would give interest of KRW 10% per month that B would pay to B, and upon accepting it, C delivered KRW 10 million in cash, including the money to be paid to B.
On June 15, 2017, at the Defendant’s office located in Ansan-si D, the Defendant loaned KRW 7,200,000,000,000,000 to B, 133% per annum (133% per annum) and 7,20,000,000 excluding the prior interest, and C received interest from B by November 20, 2017 and received interest exceeding the highest interest rate.
Accordingly, the Defendant and C conspired to receive interest exceeding 25% per annum, which is the maximum interest rate under the contract for lending and borrowing of money.
Summary of Evidence
1. Partial statement of the defendant;
1. The suspect interrogation protocol of the defendant and C with the police officer;
1. The police statement concerning B;
1. Each report on investigation;
1. A statement of transactions from deposit and withdrawal [The defendant's defense that is not a public offering with C is rejected, since according to the above evidence, since the defendant can be recognized that he received interest exceeding the maximum interest rate by receiving money from C, and the defendant directly received interest from B, the defendant's defense that is not a public offering shall not be accepted].
1. Articles 8(1) and 2(1) of the relevant Act on the Limitation of Interest on Criminal Crimes, Article 30 of the Criminal Act, the selection of fines
1. Articles 70 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;