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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. As to the assertion that interest was received within the scope of interest rate limitation, the court below violated the Act on the Registration of Loan Business, etc. and Protection of Financial Users by obtaining interest exceeding the legal limit by lending 36 million won to F on May 26, 2008, after deducting 10% of the principal from the time of lending 13 times from February 25, 2010, including the fact that the Defendant, as a credit service provider, lent 2.7 million won to F on condition that he/she redeems 3.7 million won from the month to February 25, 2010.
The decision was determined.
Examining the relevant legal principles and evidence, the lower court did not err by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal.
2. As to the assertion that the statute of limitations has expired, the violation of the law on the lending business due to the violation of the limitation on interest rates constitutes one crime at each time of the violation, but if the same victim violated the law on the lending business through several times for a certain period, if the criminal intent is single and the method of crime is identical, a single crime is established. The statute of limitations for a single single crime begins from the time the last crime is completed (see, e.g., Supreme Court Decision 2002Do2939, Oct. 11, 2002). The lower court found the Defendant guilty of all the instant charges on the grounds that the Defendant violated the restriction on interest rates and violated the law on the lending business on 13 occasions from May 26, 2008 to February 25, 2010.
As to this, the Defendant’s crime committed from July 8, 2014 to five years before the prosecution of the instant case was completed.
The argument is asserted.
Examining the record in light of the aforementioned legal principles, the Defendant’s act of violating the law of lending business is a single criminal intent, and the method of crime is a single comprehensive crime.