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(영문) 서울북부지방법원 2019.07.25 2019고정697
이자제한법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive interest exceeding the maximum interest rate prescribed by the Interest Limitation Act (30% per annum until July 14, 2014).

Nevertheless, around March 18, 2014, the Defendant lent KRW 10 million to B from the office located in Yongsan-gu Seoul Metropolitan Government, and around March 21, 2014, the Defendant loaned KRW 5 million to B, and was paid interest of KRW 36% per annum on the said office around March 21, 2014, and paid KRW 300,000 as interest on the said loan KRW 150,000 on April 18, 2014, and received KRW 1.5 million as interest on the said loan KRW 5 million on April 21, 2014 from around that time to August 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Data on investigation reports (Attachment of data on the details of remittance submitted by the complainant) and the details of remittance of interest;

1. Application of Acts and subordinate statutes to each document of borrowing money;

1. Article 8(1) and Article 2(1) of the former Act on the Restriction of Interest (amended by Act No. 1227, Jan. 14, 2014; hereinafter collectively referred to as “amended by Act No. 12227, Jan. 14, 2014”);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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