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(영문) 인천지방법원 2015.07.09 2014고정433
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around December 16, 201, the Defendant borrowed a total of KRW 135,00,000,000 to the victim C in the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu office located in Bupyeong-gu, Incheon, and received interest exceeding 30% per annum from the victim, including the principal and interest, at 239 days, after deducting the interest of KRW 28,50,000,000, including the interest of KRW 42,000,00,000, including the principal and interest, from that time to July 31, 2012, the Defendant borrowed a total of KRW 135,000,000 as indicated in the crime daily list, and received the interest of KRW 365% from the victim by receiving the interest of KRW 365% per annum.

Summary of Evidence

1. The second prosecutor's examination protocol (including the third prosecutor's examination protocol) against the accused partially;

1. Each prosecutor's statement concerning C (the defendant denies the charges in response to the argument of C in the presence of the counsel during the second interrogation process of the prosecutor's office in the above second interrogation process, while denying the charges, and the replacement part of C was made in the above circumstances (the defendant gives consent to the interrogation protocol of the prosecutor's office as to the above interrogation protocol).

(2) In light of the following: (a) The contents of each prosecutor’s protocol of statement in the prosecution against C are identical to the above substitute part and the specific contents of the statement; (b) the specific contents of each of the above substitute parts and each of the above written statements; and (c) the details and the circumstances before and after each of the statements, it is reasonable to deem that there are specific and external circumstances to guarantee the credibility or decentralization of the contents of the statement; and (d)

1. A criminal investigation report (Submission of a detailed statement of borrowed money);

1. An investigation report (related to the payment of interest as of May 3, 2012, and the payment of interest as of August 10, 2012, and hearing a petitioner's telephone statement);

1. The defendant and his defense counsel asserted that this case should be a blanket crime, because they have continuously lent money to the victim as funds for the operation of child care centers. However, this court has duly adopted and investigated it.

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