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(영문) 춘천지방법원 2013.04.30 2013고정121
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The maximum interest rate under the contract for lending and borrowing of money shall not exceed 30% per annum, and an individual who is not a credit service provider shall not receive the interest exceeding 30% per annum.

On August 22, 2011, the Defendant lent KRW 2 million to E in the vicinity of the Gangnam-si D Branch in Gangwon-si, Gangwon-do, and agreed to receive interest of KRW 100,000,000 per month, and received KRW 100,000 as one monthly interest at that place, and received KRW 100,000 from that place, around September 201, and KRW 300,000,000 from the police officer around January 201, and received interest exceeding the statutory limit (interest rate of KRW 63% per annum).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and F;

1. Each police statement of E;

1. Application of Acts and subordinate statutes on internal investigation reports (related to attachment of content certification submitted by the E, and attachment of suspect A statement of transaction by passbook A);

1. Relevant provisions of the Acts concerning facts constituting an offense, and Articles 8 (1) and 2 (1) of the Restriction on Interest Options of Punishment Act;

1. Articles 70 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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