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(영문) 의정부지방법원 2014.12.23 2014고정2514
이자제한법위반
Text

Defendant shall be punished by a fine of five 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, which is the maximum interest rate under a contract for lending and borrowing of money prescribed by the Interest Restriction Act.

Nevertheless, around July 9, 2009, the Defendant loaned KRW 10,000,00 to C in a cosmetic operator shop operated by Guri-si B, and agreed to receive 6% interest every month without the due date, and delivered KRW 9,400,000 after deducting KRW 600,000 in cash under the prior interest name, and received KRW 8,40,000 as interest from October 9, 201 to December 9, 201, and received KRW 76.6% interest at a rate exceeding the statutory interest rate. From July 9, 2009 to June 2, 2012, the Defendant received KRW 60,000 as a total of KRW 30,00,000 for six times as shown in the annexed crime list, and received KRW 205,050 as interest, respectively.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to supplementary documents for complaint;

1. Article 8(1) and Article 2(1) of the former Act on the Limitation of Interest (Amended by Act No. 12227, Jan. 14, 2014); the choice of fines for criminal facts; and the choice of fines

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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