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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. No person who is the summary of the facts charged shall receive interest exceeding the maximum interest rate under contract for lending and borrowing of money (30% per annum until July 14, 2014, and 25% per annum thereafter).
Nevertheless, around July 22, 2012, the Defendant loaned KRW 5 million to the victim B at interest rate of KRW 300,000 per month and received interest rate of KRW 300,000 on October 23, 2012. Furthermore, the Defendant loaned KRW 50,000,000 on July 22, 2012, as indicated in the attached list of crimes, and received KRW 15,500,000 on November 1, 2012, KRW 350,00 on July 11, 2013, KRW 150,000 on July 30, 2013, KRW 150,000 on September 1, 2013, KRW 36,50,000 on November 1, 2014, from around 16, 2013 to around 16, 2006:
Accordingly, the Defendant received interest exceeding the maximum interest rate.
2. Determination
A. The fact that the Defendant lent KRW 36.5 million to the victim and received interest from 5-6% per month exceeding the maximum interest rate under the Interest Limitation Act is also the person who is the Defendant (23 pages of examination record of the victim). If the principal of the loan recognized and the payment details corresponding thereto are divided, the Defendant is highly likely to violate the Interest Limitation Act.
B. However, in light of the following circumstances acknowledged by evidence, it is difficult to view that the evidence submitted by the prosecutor alone alone proves that the Defendant received the principal and interest as stated in the current list of crimes without any reasonable doubt.
1) The victim, at this court, borrowed 20 million won per annum No. 22,00,000,000 prior to July 22, 2012, not on September 1, 2013, and made a statement clearly that payment was made several times of payment of interest to him/her. The victim’s statement does not coincide with the lending content No. 22,00,000 per annum of the crime sight table. 2) The victim stated in this court as above.