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(영문) 청주지방법원 2019.06.20 2019고정231
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

The maximum interest rate under a contract for lending and borrowing of money shall be prescribed by Presidential Decree within the scope not exceeding 25 percent per annum.

Nevertheless, the Defendant lent KRW 5,00,000 to B at an Buddhist place on August 18, 2015, and borrowed KRW 4,750,000 in cash, which deducts KRW 250,000 from advance payment, and paid KRW 250,000 per month only interest (the fifth interest per month).

From that time to November 30, 2017, the Defendant loaned a total of KRW 57,500,000 to B over 10 times, as described in the attached list of crimes, through the foregoing method, and violated the interest rate limitation provision by accepting KRW 49,595,00 equivalent to 60% or 120% per annum.

Accordingly, the defendant was paid interest exceeding 25 percent per annum.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written notes;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Articles 8 (1) and 2 (1) of the relevant Act on the Limitation of Interest concerning Criminal Facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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