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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall receive interest exceeding the highest interest rate under a monetary lending contract (30% per annum from October 26, 201 to June 10, 2014, and 25% per annum from June 11, 2014 to June).
Around April 12, 2012, the Defendant lent KRW 5,500,000,000 to the victim D for 65 days each day on condition that the victim would be repaid in 1,000 won. The Defendant deposited KRW 4,50,000,000 after deducting KRW 5,000,000 for 5 minutes each time into the bank account of the damaged person. From April 12, 2012 to June 16, 2012, the Defendant received interest of KRW 2,00,000 from the damaged person for 66 days each year exceeding 30% of the statutory maximum interest rate under the name of interest, and received interest of KRW 245.79% each year from the time to July 18, 2016 in excess of the legal interest rate as shown in the attached Table of Crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Application of Acts and subordinate statutes to the details of passbook transactions, the statement of withdrawal from deposits made by the Defendant, the details of account transactions with the Daegu Bank under the name of the Defendant, the statement of withdrawal from deposits made by the Defendant, and the details of account transactions with the Nonghyup Bank under the name of the Defendant;
1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Punishment of Criminal Crimes and the Selection of Imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant, while lending money to the victim about 16 times over a four-year period, received interest significantly exceeding the highest interest rate prescribed by the Act on the Restriction of Interest.
The defendant lent approximately KRW 1350 million to the victim, and received approximately KRW 124 million in total as interest, and received considerable profits.
However, the defendant reflects the crime of this case.
The defendant is a same crime.