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(영문) 수원지방법원 안양지원 2018.09.12 2018고단758
이자제한법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall receive interest exceeding the highest interest rate prescribed by the Act on Interest Restrictions (30% per annum before July 14, 2014, and 25% per annum after July 15, 2014).

Nevertheless, during Ansan-si on February 10, 2016, the Defendant agreed to receive monthly interest of KRW 2.5% (30% per annum) and to receive KRW 1,66,67 per month as principal repayment by applying monthly interest rate of KRW 2.5% (30% per annum) at the 15th Kayang-dong 224-5 Muyang-dong 15th 2001, and to receive KRW 2,000,000 per annum from March 10, 2016 to July 10, 2016. The Defendant obtained the maximum interest rate of KRW 30% per annum from March 10, 2016 to KRW 2,083,333 as interest, and obtained the maximum interest rate of KRW 30% per annum from September 7, 2011 to KRW 210 to 214th 216, 2016, as in the attached Table 1(total).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the C substitute part of the examination);

1. Statement made by the police against C;

1. A complaint, details of payment, preparation in writing, purport of the claim, and application for change in the cause of the claim;

1. Details of interest payment, loan certificate, etc.;

1. Application of Acts and subordinate statutes to report on investigation (Submission of data about violations of the Act on Interest Limitation on Suspects, and verification of the maximum interest rates);

1. Article 8 (1) and Article 2 (1) (including Article 2) of the Act on the Restriction of Interest on Article 8 of the relevant Act on Criminal facts;

1. Selection of the selective fine for punishment (the confession and reflect of the defendant, the fact that there is no record of punishment for the same kind of crime, and that the defendant appropriated the interest paid by C ex post to repay the principal of the loan to C in excess of the highest interest rate, resulting in no profit acquired other than the interest calculated by the highest interest rate, and C is punished by the defendant.

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