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(영문) 서울중앙지방법원 2014.01.09 2013고정5527
이자제한법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall receive interest exceeding 30 percent per annum, which is the highest interest rate under a contract for lending and borrowing of money.

Defendant,

1. Around September 27, 2010, when lending KRW 9,300,00 to E in the residence of Gangnam-gu Seoul Metropolitan Government D 501, it agreed to receive KRW 700,000 per month as interest and received KRW 700,000 as interest around December 6, 2010, and received interest for KRW 2.8 million as interest during the period from October 26, 201 to February 27, 2012, and received interest for KRW 79.59% per annum;

2. Around September 19, 2012, when lending KRW 9,400,00 to the above E at the place specified in paragraph (1) around September 19, 2012, one of the parties agreed to be paid KRW 600,000 per interest month. Around October 19, 2012, such as receiving KRW 600,500 as interest, from September 20, 2012 to January 19, 2013, receiving KRW 2,401,00 as interest for 122 days (four months) and receiving interest for the annual interest rate of KRW 76.42%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day) of the Criminal Act into a workhouse;

1. Article 59 (1) of the Criminal Act (the first crime, age, agreement with victims, degree and circumstances of crime, etc.);

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