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(영문) 서울동부지방법원 2018.09.07 2018고정838
이자제한법위반
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive interest exceeding 30% per annum on the highest interest rate under the contract for lending and borrowing of money.

Nevertheless, on November 23, 201, the Defendant: (a) received 3% interest per month from a non-displace on November 23, 201; (b) borrowed KRW 100 million; and (c) delivered KRW 91 million to limit interest payment; and (d) as indicated in the attached list of crimes, the Defendant appears to have “from around November 23, 201 to February 28, 2015” as stated in the written indictment from around February 3, 2012 to February 17, 2015, as such, to be corrected ex officio.

A total of KRW 222,50,000 was paid with interest exceeding 30% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a certificate of borrowed money, certificate of national bank, certificate of account transactions in one bank, certificate of account transactions in DNA bank, certificate of account transfer results in DNA agricultural bank;

1. Relevant Article 8 (1) and Article 2 (1) of the Act on the Restriction of Freedom of Interest on Criminal Crimes, Articles 8 (1) and 2 (1) of the same Act, and the selection of fines;

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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