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(영문) 대전지방법원 천안지원 2018.08.30 2018고정539
이자제한법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive interest exceeding 30% per annum on the maximum interest rate under a contract for lending and borrowing of money.

around June 23, 2013, the Defendant loaned KRW 20 million to C by telephone from the Defendant’s house No. 2, 102, Asan-si B apartment to the victim, and received interest equivalent to 6% of the principal each month. On the following day, the Defendant transferred KRW 18,800,000 after deducting KRW 1.2 million in advance and nominal interest from the bank account in the name of the victim, to the new bank account in the name of the victim, and received KRW 1.2 million from the victim’s children, as interest on July 22, 2013, from that time to August 25, 2017.

Accordingly, the defendant received interest exceeding the highest interest rate in the contract on monetary lending and lending.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of statement of complaint, certificate of borrowing, and account transfer;

1. Application of Acts and subordinate statutes to investigation reports (receiving a detailed statement of account transfer from a complainant), and data on arranging account transfer;

1. Article 8(1) and Article 2(1) of the former Act on the Limitation of Interest Concerning Criminal Facts and the former Act (amended by Act No. 1227, Jan. 14, 2014; hereinafter collectively, the same shall apply) (amended by Act No. 1227, Jan. 14, 2014)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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