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(영문) 의정부지방법원 고양지원 2016.06.30 2015고단3522
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Despite any name such as deposit, discount, commission, mutual aid, substitute payment, and other titles, a creditor received in connection with a loan of money shall be deemed as interest, and the maximum interest rate on a loan of money shall be 30% per annum (the maximum interest rate from June 30, 2007 to July 14, 201). Nevertheless, the Defendant borrowed 300,000 won to D Co., Ltd. (the period: 1: interest rate of 8% per annum, repayment amount of 450,000,000, 000 per annum 1: 80,000,000,000 per annum from 0,000,000,000,000 per annum from 0,000,0000,0000,0000 per annum from 0,0000,0000,0000,000 per annum; and

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Application of Acts and subordinate statutes to each loan certificate or a copy of passbook;

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Punishment of Specific Crimes and Article 8 (1) and Article 2 (1) of the same Act (Selection of Penalty);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are against the defendant, and there are no criminal records of the same kind, the defendant's lending of money to D Co., Ltd. and the degree exceeding the highest interest rate, and all of the sentencing factors identified in the process of the trial and the records of this case including the amount, etc. shall be determined as ordered by taking into account the following factors

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