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(영문) 서울북부지방법원 2018.09.21 2018고정1161
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant’s maximum interest rate under a contract for lending and borrowing of money does not exceed 25% per annum, the Defendant received interest exceeding 25% per annum from the injured party while engaging in monetary transactions with the victim B three times in total as follows.

1. On December 8, 2017, the Defendant loaned KRW 1,500,00,000 to the victim, who left a writing to borrow money through NAV Kafin in the name of “C” at the finc shop located near the street roadside located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, without interest, at least 20 days after the 20-day payment of principal and interest, and received KRW 500,000,000 from the victim at an interest rate of KRW 912.5% per annum.

2. On December 22, 2017, the Defendant lent KRW 500,000 to the victim on condition that 600,000 won should be paid with the principal and interest, including the principal and interest, after one day from the interest without any prior interest, and received KRW 100,000 equivalent to KRW 730,000 per annum from the victim.

3. On December 28, 2017, the Defendant loaned KRW 1.4 million to the victim B on condition that the principal and interest shall be paid in 1.4 million on the same day, including the principal and interest, 1.4 million won on the same day, and KRW 5 million on December 29, 2017, respectively, was remitted to the victim on the same day, and paid KRW 500,000 as interest, KRW 973.3% on the annual interest rate from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to inquiries about details of each transaction;

1. Article 8 (1) and Article 2 (1) of the Act on the Restriction of Interest under the relevant Act on Criminal Facts, the selection of fines, and the selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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