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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal record] On January 28, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Suwon Friwon, and the judgment became final and conclusive on May 20, 2016.
[Criminal facts]
1. The maximum interest rate on loans of money in violation of the Interest Limitation Act shall be prescribed by Presidential Decree within the scope not exceeding 30 percent per annum;
A. On June 17, 2013, the Defendant, around June 17, 2013, lent KRW 10 million by setting the time limit for repayment to the victim D as one month, and received interest exceeding the maximum interest rate prescribed in the Act on the Restriction of Interest by receiving the interest of KRW 80,000 per month (per annum 96%) as prior interest.
B. On August 26, 2013, around August 26, 2013, the Defendant loaned the period for repayment to the above victim as one month in front of the instant C wedding hall. On the one hand, the Defendant received interest exceeding the highest interest rate prescribed in the Interest Restriction Act by receiving 110,000 won per annum (120% per annum) from the said victim as a prior interest.
2. The Defendant lent money from the date, time, place, and friendly job offering E to the victim D as above. While the victim was provided as a security and kept a cuss car at F amounting to KRW 40 million in the market price owned by the victim, the Defendant arbitrarily set up the said car to E as a security.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made by D or G in the police interrogation protocol (two times, replacement of the accused), concerning the accused;
1. Statement made by the police with regard to D;
1. Statement made by the police for E;
1. Each investigation report (person G telephone conversations with him/her) and (person H telephone conversations with him/her);
1. Details of each account transaction;
1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement and copy of the judgment [the Suwon District Court 2015 High Court 5790, 6154 (Joint), Suwon District Court 2016No 1188];
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;