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(영문) 서울중앙지방법원 2016.08.25 2016고단4232
이자제한법위반
Text

Defendant shall be punished by a fine of three 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 the highest interest rate under a monetary lending contract (30% per annum from October 26, 201 to June 10, 2014, and 25% per annum from June 11, 2014 to June).

Nevertheless, during the period from November 11, 201 to December 12, 201 of the same month, the Defendant lent KRW 9,300,000, which deducts the principal of KRW 10,000 from the principal of KRW 10,00,000,000, and received interest of KRW 7% per month (voluntary 87.43%) from the time to July 16, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on transactions by suspects, such as transaction details;

1. Relevant Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the elective Punishment and the Selection of Fines concerning facts constituting an offense;

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

1. The purpose of Article 334(1) of the Criminal Procedure Act is to stabilize the economic life of ordinary people and to realize economic justice in cases where the Act on the Restrictions on Interest in the Sentencing of the Provisional Payment Order sets the highest interest rate and punishs violations thereof is to ensure the stability of the ordinary people’s living and the realization of economic justice. Therefore, the Defendant’s receipt of high interest rate much higher than the highest interest rate for a long time

shall not be required to do so.

However, there is no special circumstance to criticize the defendant, such as the fact that the defendant is against wrong, the defendant continued to lend money at the request of a victim with friendship, and that it does not engage in loan business for many and unspecified persons, and that it only extended funds at the request of the victim, and that it does not seem to have any circumstance to criticize the defendant, such as forcing the victim to pay high interest or exercising violence or undue pressure in the course of collection, such as demanding repayment, and the total amount of loans exceeds KRW 200 million, but this is about three years.

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