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(영문) 전주지방법원 2017.02.03 2016고정525
이자제한법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On or before December 23, 2013, the Defendant lent KRW 20 million to the victim E at a D restaurant located in Yansan-gu Seoul Special Metropolitan City on or around January 4, 2014, and lent KRW 5 million to the victim around May 3, 2014, and received interest exceeding 14,765,000 from the victim to December 6, 2014 as interest rate and paid KRW 14,765,00 in total from June 1, 2014 to December 30, 200 per annum.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Legal statements from witnesses E and F;

1. Police statements made to E and F;

1. A written statement;

1. Recording book (87 pages of evidence);

1. Certificates of custody of each cash;

1. A certified copy of building registry;

1. The application of Acts and subordinate statutes to each investigation report (related to attachment of a copy of a complaint for civil procedure submitted by a complainant, and the statement adjustment of the complainant and suspect);

1. Relevant Article 8 (1) of the Act on the Limitation of Interest on Punishment and the Optional to Punishment (Selection of Penalty) concerning a crime;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. 14,765,00 won paid by the Defendant and his/her defense counsel from June 1, 2014 to December 6, 2014, since the Defendant received payment without distinguishing interest and principal, interest exceeding the limited interest rate cannot be deemed to have been paid. The Defendant’s lending of money is 22,250,113 won per annum from January 11, 2017, the date of the 7th public trial, and it is not paid in excess of the limited interest rate.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, the Defendant’s assertion on the above part of the Defendant and the defense counsel cannot be accepted, as there is no reasonable doubt that the Defendant had received interest exceeding the maximum interest rate under the Interest Limitation Act from the injured party.

A. The Defendant: (a) around December 23, 2013; (b) around January 4, 2014, the sum of KRW 20 million to the victim; and (c) on May 3, 2014.

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