logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.09.10 2019고정860
이자제한법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. The Defendants were to lend money to a person in need of money and to receive interest for a number of days exceeding the statutory maximum interest rate from the said person.

Defendant

A, on December 11, 2017, in the office of the notary public E-office of the Busan Metropolitan City, lent KRW 15 million to the victim F, plus KRW 10 million of Defendant A’s 5 million and KRW 180,000,000,000,000 to the victim E-office of the building D, and entered into a monetary lending contract with the victim for 100 days to pay the principal and interest of KRW 180,000,000 for five minutes, and transferred KRW 9,100,000 to the new bank account under the name of the victim’s father’s father’s father, and transferred KRW 5,00,000 to the agricultural bank under the name of H, which had a claim against the victim, and received interest of KRW 184.6% per annum from the victim on December 28, 2017, and the victim paid the amount from the Defendant A to the victim.

Accordingly, the Defendants conspired to receive interest exceeding the statutory maximum interest rate.

2. The Defendant, on December 29, 2017, lent KRW 10 million to the victim H at an irregular place and concluded a monetary lending contract to receive KRW 120,000 as the principal and interest interest rate for 100 days over 100 days, Defendant B offered KRW 600,000 as the interest rate for 5 minutes and transferred KRW 9,40,000 to the Busan Bank account of the victim from January 4, 2018 to the Busan Bank account of the victim, and received interest on KRW 184.6% per annum.

Accordingly, the Defendant received interest exceeding the maximum legal interest rate.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. To apply a copy of the number of account books, I's account transactions, and B's account transactions in the accounts of community credit cooperatives;

1. Defendants of the pertinent legal provisions and the choice of punishment for criminal facts: Articles 8(1) and 2 of the Interest Limitation Act.

arrow