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(영문) 제주지방법원 2015.09.11 2015고정61
이자제한법위반등
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

1. The maximum interest rate under the contract for lending and borrowing money in violation of the Interest Limitation Act shall not exceed 30 percent per annum;

Nevertheless, on February 20, 2012, the Defendant borrowed KRW 10 million to the victim on or around February 20, 2012, and borrowed KRW 10 million with interest of KRW 121.7% per annum that exceeds the statutory interest rate of KRW 30%, including the principal and interest, and paid KRW 12 million for 100 days. (2) On March 5, 2012, the Defendant received interest of KRW 59.6% per annum that exceeds the statutory interest rate of KRW 30%, such as lending KRW 10 million to the victim on or around March 5, 2012.

3) Around March 12, 2012, the victim was lent KRW 10 million to the victim, and only KRW 50,000,000,000 is detached, and the interest rate of KRW 500,000 is 63.2% per annum as long as the legal interest rate exceeds 30% on the 12th of each month is over 50,000 won. 4) around May 21, 2012, the victim was lent KRW 20,000 to the victim, and the victim was at KRW 19,000,000,000,000 is recovered, and the interest of KRW 31.6% per annum is over the legal interest rate of KRW 30,000,000,000 on the 21st of each month.

5) Around June 8, 2012, the victim was lent KRW 10 million to the victim, and the interest rate of KRW 132.2% per annum is 132.2% per annum that exceeds the statutory interest rate of KRW 30%, such as lending KRW 10 million to the victim and borrowing KRW 1 million in actual nine million, and receiving KRW 10 million in the next month immediately after the following month. (6) On July 23, 2012, the victim was lent KRW 6 million to the victim during the period from July 23, 2012.

7. Around August 7, 2012, the legal interest rate is 30%, such as lending 5 million won to the victim, removing 2,50,000 won in advance interest, lending 4,750,000 won in fact to the victim and receiving 2,50,000 won in interest on every seventh day of the month.

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