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(영문) 전주지방법원 2018.07.06 2017고정221
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

No person shall receive interest on lending and lending of money exceeding the maximum interest rate prescribed by the Act on the Restriction of Interest.

On April 15, 2014, the Defendant lent KRW 10,000,000 to E, a workplace club fee of the same workplace, from 306, Jin-gu, Seoul Special Metropolitan City, the Defendant’s residence, and around May 14, 2014, lent KRW 11,70,000,000 in total to E from 306, May 14, 2014.

Since the Defendant received a total of KRW 9,850,000 from May 15, 2014 to March 21, 2015 as principal and interest from E, and offset the amount of KRW 2,000,000 by the right to return the studio rental deposit to E, the Defendant still remains the remainder of the principal claim.

Nevertheless, on March 21, 2015, the Defendant agreed to receive 3.8 million won, including interest 60,000 won (32.90% per annum) on the premise that a claim of 3.2 million won and interest, including interest calculated in excess of the highest interest rate prescribed in the E and the Interest Limitation Act, remains, and received 3.8 million won from E from April 15, 2015 to October 15, 2015, and received 3.8 million won and paid interest exceeding the highest interest rate prescribed in the Interest Limitation Act (25% per annum).

Based on calculation, interest rate of KRW 600,000 / Principal 3,200,000 ± 208 days ± 365 days x 100 days x 365 days x 32.90% per annum (based on evidence records 23 pages from March 24, 2015 to October 17, 2015, and E has decreased the principal during the borrowing period as the principal amount has changed in 600,000 won per month, and the actual interest rate is higher than the above calculation) of E’s testimony funds by some of the defendants of the evidence written by the defendant, the summary of the evidence, the statement of repayment, the certificate of borrowing, the certificate of process, and the statement of deposit transaction in Acts and subordinate statutes are applied.

1. Article 8 (1) and Article 2 (1) of the Act on the Restriction of Interest under the relevant Act on Criminal Facts, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, E, and the victim F (43) of the charge that dismissed the prosecution under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is located in G in Jeonju.

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