The defendant shall be innocent.

1. The maximum interest rate under contract for lending and borrowing of money charged shall not exceed 25 percent per annum;

The Defendant loaned KRW 5 million to C on August 17, 2016, KRW 10 million on August 31, 2016, KRW 10 million on August 31, 2016, KRW 10 million on October 7, 2016, KRW 10 million on January 5, 2017, KRW 29 million on January 3, 2017, KRW 54 million on a yearly basis, and was paid interest rate of KRW 60 (5%) on KRW 190,00 on March 10, 201, KRW 20,000 on April 25, 201, KRW 50,000 on a yearly basis, exceeding the maximum interest rate of KRW 75,50,00 on April 25, 2017, KRW 60,000 on cultural products as the market price.

2. Defendant’s assertion and judgment

A. The Defendant alleged that he/she agreed to pay interest at 60% per annum with C, and thus, he/she received payment from C as principal. Unlike the facts charged, he/she paid KRW 9 million in cash on January 5, 2017, and thus, he/she actually lent KRW 10 million in cash. Likewise, on January 10, 2017, he/she additionally pays KRW 100,000 in cash and lends KRW 3,50,000 in cash to the Defendant. Meanwhile, on the other hand, the Defendant loaned KRW 3,470,000 in cash and merchandise coupon from February 6, 2017 to June 21, 2017.

In addition, it is not 2.5 million won but 1 million won that C pays for cultural products, etc.

Ultimately, even if the Defendant received interest from C and received interest from the snow station, the interest amount that C paid in comparison with the total amount of the Defendant’s loan to C does not exceed the interest rate under the Interest Limitation Act.

B. Article 2(1) of the Interest Limitation Act provides that “The maximum interest rate under a contract for monetary lending shall be determined by Presidential Decree within the scope not exceeding 25 percent per annum” and Article 2(3) of the same Act.