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(영문) 광주지방법원 목포지원 2017.02.28 2016고정594
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person shall charge interest exceeding the maximum interest rate under a contract for lending and borrowing of money.

Nevertheless, the Defendant loaned KRW 30 million to C on January 12, 2012, and received 36% interest per annum exceeding 30% per annum from C, the highest interest rate from around that time to July 2013, and received 30% interest per annum from C from around August 2014 to March 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each process deed, a certificate of borrowing money, a check of the details of the NongHyup transaction, a statement of the transaction of the NongHyup deposit transaction, a statement of transaction of the NongHyup deposit transaction, A Nong Agricultural Account (D) transaction details, A Nonghyup Account (E) transaction details;

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Election of Criminal Offenders and Articles 8 (1) and 2 (1) of the same Act (Optional to Penalty);

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

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

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