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(영문) 대구지방법원 2018.12.13 2018고정917
이자제한법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The highest interest rate on a monetary lending and borrowing contract shall not exceed 24 percent per annum, and interest shall not be paid in excess of the highest interest rate.

Nevertheless, on April 30, 2018, the Defendant lent KRW 100,000 to the victim C by telephone at an infinite office located in the Jung-gu Daegu-dong, Daegu-gu, and agreed to pay KRW 100,000 for each week after deducting KRW 100,000 from the prior interest.

After that, on April 30, 2018, the Defendant delivered 90,000 won, subtracting 100,000 won interest from the borrowed money from the borrowed money, to the victim via D, and on May 7, 2018, the victim C paid 10,000 won interest to the Defendant through D.

Accordingly, the Defendant violated the Interest Limitation Act such as receiving interest at the rate of 576.9% per annum beyond the maximum interest rate prescribed by the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Account transactions;

1. Application of Acts and subordinate statutes to investigation reports (verification of the content of the agreement on injury to a complainant), investigation reports (Listening to oral statements by a person as a broker of gold lending);

1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Election of Criminal Offenders and Articles 8 (1) and 2 (1) of the same Act (Optional to Penalty);

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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