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(영문) 대전지방법원 2015.05.28 2015고정550
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The maximum interest rate under the contract for lending and borrowing of money is 25% per annum, but the maximum interest rate under Article 2 (1) of the Interest Limitation Act amended on June 11, 2014 is 25% per annum. Thus, the maximum interest rate under the provisions prior to the amendment is 30% per annum, since the contract is entered into or renewed for the first time after the enforcement of July 15, 2014.

A. The Defendant received a proposal to lend money from the wife B in January 201, 201, and lent KRW 10 million on January 26, 2011 and KRW 17,000 on May 17, 2011, and offered money by account transfer of KRW 500,000,000 to B’s account, respectively, for the remainder of KRW 9.5 million.

After that, from February 25, 201 to October 2, 2014, the Defendant received 4,780,000 won in total over 101 times from February 25, 201 to October 2, 2014.

As above, the Defendant received interest from B at least 30% per annum (51.3% per annum from 53.5% per annum) which is the highest interest rate under the contract for lending and borrowing of money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 8 (1) and 2 (1) of the Restriction on Interest Options of Punishment Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is determined like the order in consideration of the fact that the defendant in the reason for sentencing of Article 334(1) of the Criminal Procedure Act is established to return the part exceeding the statutory interest and the adjustment is not applied

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