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(영문) 수원지방법원 성남지원 2017.11.22 2017고정1396
이자제한법위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

No person shall receive interest exceeding the highest interest rate under a contract for lending and borrowing of money (30% per annum from February 13, 2013 to July 14, 2014, and 25% per annum from July 15, 2014 to the present).

Nevertheless, on June 26, 2014, the Defendant loaned KRW 67,90,00 to D at the coffee shop operated by the Defendant in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and received payment of KRW 35,700,000 between 17 months, and received interest of KRW 37.1% per annum exceeding the statutory maximum interest rate. From that time, the Defendant received interest exceeding the statutory maximum interest rate on five occasions in total, as described in the list of crimes in the attached Table, from that time until April 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a complaint (including a detailed statement of deposit and withdrawal transactions attached thereto, a detailed statement of deposit transactions, a copy of passbook, and a certificate of borrowing);

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Punishment of Criminal Crimes and the Selection of Fines;

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

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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