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Reasons
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(영문) 인천지방법원 2013.06.12 2012고단11935
이자제한법위반
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1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A around October 25, 201, the Defendant borrowed KRW 10 million to G from H coffee specialty office operated by G in Socheon-gu, Gyeonggi-si, Gyeonggi-do, to G, and actually paid KRW 8,90,000,000,000,000,000 as interest on November 3, 201, and received interest at the annual interest rate of KRW 451.1% as indicated in the attached Table I, including that, around November 3, 2011, the Defendant received interest from G from April 19, 2012 the maximum legal interest rate of KRW 30% per annum.

2. Defendant B: (a) around November 20, 201, the Defendant loaned KRW 10 million to A who works at the H coffee store office located in Seocheon-gu, Seocheon-gu, Gyeonggi-do; and (b) deducted prior interest, etc.; and (c) actually received payment of KRW 10 million, including principal and interest, at ten (10) days; and (d) received interest exceeding the statutory interest rate from A from April 19, 2012, as shown in Appendix II, as indicated in the attached Table II.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspect A by each prosecution;

1. Application of Acts and subordinate statutes to the police in relation to G, and protocol of prosecutor's statement;

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest for the Punishment of Crimes and Articles 8 (1) and 2 (1) of the same Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended sentence (see, e.g., Article 62(1) of the Criminal Act (as regards the amount loaned to G after March 28, 2012, the principal was not recovered, and the said amount appears to be appropriated to return the interest that was paid in excess, and the fact that there was no same kind of criminal records, etc.)

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