The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The maximum interest rate under contract for lending and borrowing of money in the instant facts charged shall not exceed 25% per annum.

Nevertheless, around May 14, 2015, the Defendant lent KRW 10 million to the victim D as interest rate of KRW 500,000 per month from “C” located in Gangnam-gu Seoul, Seoul, and the principal received KRW 500,000 as a lump-sum interest rate, and from that date to February 22, 2017, the Defendant loaned KRW 35,000,000 to the victim in total four times in the same manner as indicated in the list of crimes in the attached Table, and granted KRW 19,50,00 per annum for the interest rate of KRW 5.71% per annum and exceeded 25% per annum.

2. Determination

A. The Defendant’s assertion did not actively receive the interest exceeding the highest interest rate from D, but by deceiving the Defendant as if D had the interest exceeding the highest interest rate, thereby deceiving the Defendant. Therefore, the Defendant was paid the interest exceeding the highest interest rate under the Interest Limitation Act.

subsection (b) of this section.

B. (1) With a view to stabilizing the national economic life and realizing economic justice by prescribing an appropriate maximum limit of interest, interest-restricted laws shall be prescribed by Presidential Decree within the scope not exceeding 25 percent per annum in Article 2(1).

Article 8(1) provides that “A person who has received interest exceeding the highest interest rate prescribed in Article 2(1) shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.

“The basis for criminal punishment was added.”

On the other hand, Article 2 (3) of the Interest Limitation Act is null and void if the contractual interest exceeds the highest interest rate stipulated in paragraph (1).

After the provision of Paragraph 4, the amount equivalent to the interest paid in excess shall be appropriated for the original where the obligor has voluntarily paid the interest exceeding the highest interest rate, and when the original is extinguished, the amount shall be returned.