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(영문) 대전지방법원 논산지원 2018.07.24 2018고정18
이자제한법위반
Text

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

On or around December 31, 2012, the Defendant leased KRW 18,250,000,000 to D, under the condition that he/she is paid KRW 30% a year more than the interest rate for the lending and borrowing of money from around January 24, 2013, on condition that he/she is paid KRW 2,00,000,000 in the Nong Bank account under the name of D (E). On January 24, 2013, the Defendant was paid principal and interest for the lending and borrowing of money from around January 24, 2013, and was paid KRW 485,10,000 in total over 45 times from that time until June 3, 2016, and was paid KRW 123,250,00 in excess of the legal interest under the name of interest.

Accordingly, the Defendant received interest exceeding the highest interest rate on monetary lending and lending.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes governing the details of deposits made under A by the recipient;

1. Article 8(1), Article 2(1) of the Act on the Limitation of Interest Concerning the Crime and the former Act (amended by Act No. 12227, Jan. 14, 2014); Articles 8(1) and 2(1) of the same Act (amended by Act No. 1227, Jan. 14, 201); Articles 8(1), 2(1) of the same Act on the Restriction of Interest Restrictions (No. 7-45, the list of crimes), each of the options of fines.

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was reduced by the amount exceeding the highest interest rate received by the defendant due to changes in the indictment.

In the investigation stage, an agreement was reached on the condition that part of the excess amount is paid to the injured party, and the defendant seems to have implemented the above agreement before and after the summary indictment date.

A fine for a summary order shall be reduced in consideration of the above contents.

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