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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The maximum interest rate under the contract for lending and borrowing of money shall not exceed 30% per annum, and an individual who is not a credit service provider shall not receive the interest exceeding 30% per annum.
On December 9, 2010, the Defendant borrowed KRW 50 million from the Divesel operated by the Defendant (Seoul Hongcheon-gun) on December 9, 201, and thereafter, on May 30, 201, the Defendant agreed to receive interest of KRW 10 million on October 31, 201, and agreed to receive interest of KRW 60 million on October 31, 201, and paid KRW 500,000 on December 30, 201, KRW 500,000 on December 30, 201, KRW 500,000 on December 30, 201, KRW 500,000 on January 27, 2012, and KRW 20 million in excess of the statutory limit.
Accordingly, the Defendant borrowed a total of KRW 100 million from the above obligor and received the interest of KRW 20 million in total equivalent to 60% per annum exceeding 30% per annum of the statutory limit interest rate.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Inquiry into the results of transfer management;
1. Application of Acts and subordinate statutes on the loan certificate;
1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 8 (1) and 2 (1) of the Restriction on Interest Options of Punishment Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The punishment shall be determined in light of the following circumstances: (a) reflects the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the fact that the interest received by the defendant excessively is appropriated to the principal; and (c) the scale of interest, etc.; and