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
The interest rate under a contract for lending and borrowing of money shall not exceed 25 percent per annum.
Nevertheless, upon receiving a request from D to lend money from D on August 27, 2014, the Defendant: (a) borrowed KRW 30 million monthly interest from D on August 28, 2014; and (b) borrowed KRW 30 million from D on August 28, 2014; and (c) lent KRW 220 million in total four times from around that time to January 29, 2015; and (d) received KRW 45 million in total eight times from around September 29, 2014 to May 1, 2015 as interest.
Accordingly, the Defendant received interest exceeding 25 percent per annum, which is the highest interest rate.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of complaint, D's statement;
1. Application of Acts and subordinate statutes on account transactions;
1. Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Election of Criminal Offenders and the Punishment for Specific 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;