Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The maximum interest rate under contract for lending and borrowing of money in the summary of the facts charged shall not exceed 30 percent per annum;
Nevertheless, the Defendant borrowed 5,00,000 won in cash to the victim D in front of the "Seoul-do Maart" on December 20, 2010, and received interest exceeding 30% per annum by 10% per annum from September 30, 201 as listed in the attached table of sight until September 30, 201.
2. The prosecutor charged a public prosecution for the charged facts of this case by applying Articles 8(1) and 2(1) of the Interest Limitation Act.
However, the above penal provision was newly enacted by Act No. 10925 on July 25, 2011. According to Article 1 of the Addenda of the same Act, the Defendant’s act of receiving interest exceeding the statutory maximum interest rate prior to the enforcement date does not constitute a violation of the Interest Limitation Act, since it was enforced from October 26, 2011 when three months elapsed since its promulgation date.
3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced under Article 58(2) of the Criminal Act