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Reasons
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(영문) 서울북부지방법원 2018.08.30 2016고정1486
이자제한법위반
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The maximum interest rate under contract for the re-lease of 2016 shall not exceed 25% per annum (30% per annum before July 15, 2014).

From June 28, 2013, the Defendant borrowed KRW 40 million to the victim. From around March 17, 2015 to March 17, 2015, the Defendant was paid KRW 2,1290,000 ($ 30.95% per annum) as interest; from March 18, 2015 to December 6, 2015, the Defendant was paid KRW 6.7 million per annum as interest for the remainder of KRW 20,000 ($ 46.31% per annum); from around December 7, 2015 to around December 30, 2016, the Defendant was paid KRW 5 million per annum as interest rate of KRW 30,000 (one million per annum as interest rate of KRW 300,000,000,000), including the remainder of principal and interest rate of KRW 300,000,000 per annum as interest rate of KRW 1.365 million per annum.

Accordingly, the defendant borrowed money to the victim and received interest exceeding the interest rate under the Interest Limitation Act.

The defendant of "2016 High 2045" shall not exceed 25% per annum (30% in cases of transfer on July 15, 2014) of the maximum interest rate for lending and borrowing of money between individuals.

Nevertheless, around July 29, 2013, the Defendant lent KRW 5 million to C for nine days, acquired a total of KRW 5,150,000,00 for nine days, and received interest at 121.67% per annum, and exceeded the restriction interest rate, as shown in the attached list of crimes committed in the attached Table, and loaned KRW 60,400,00 to C over 16 times from July 29, 2013 to August 6, 2015, and received interest at 74.41% per annum to 462.42% per annum.

Summary of Evidence

"2016 High Doz. 1486"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Promissory notes "2016 High 2045";

1. Statement by the defendant in court;

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

1. Complaint;

1. Details of money borrowed from the defendant A who is the defendant;

1.The method and calculation of repayment of the money specified in the Interest Limitation Act.

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