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(영문) 서울북부지방법원 2015.11.13 2015고정115
이자제한법위반
Text

Defendant shall be punished by a fine of one 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 30% per annum, which is the maximum interest rate for lending and borrowing of money under the Interest Restriction Act.

Nevertheless, on April 15, 2013, the Defendant lent KRW 120,000,00 to the victim as security the land and aggregate buildings, including I and six parcels, in G Co., Ltd. operated by the victim F in Seocho-gu Seoul E and 202, and received KRW 47,250,000 from the victim on July 4, 2014 under the pretext of interest and withholding tax for 383 days from June 16, 2013 to July 3, 2014.

Accordingly, the Defendant violated the Interest Limitation Act by receiving interest exceeding 30% per annum, which is the interest rate under the Interest Limitation Act.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. Issuance of a certificate of full payment, certificate of deposit, certificate of contract of pledge, receipt of tax payment, summary of each principal registered matter and whole registered matter, receipt of interest and dividend income, application of tax payment certification Acts and subordinate statutes;

1. Article 8(1) and Article 2(1) of the former Act on the Restriction of Interest (wholly amended by Act No. 1227, Jan. 14, 2014); the choice of fines for criminal facts;

1. Articles 70 (1) 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;

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