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(영문) 청주지방법원 2019.01.10 2018고단1999
이자제한법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive interest exceeding 25% per annum, which is the maximum interest rate under a contract for lending and borrowing of money.

1. On June 8, 2017, the Defendant: (a) lent KRW 1,4250,000,000 per annum 63.15% per annum, 63.15% per annum; (b) received interest from KRW 6.8 million until June 10, 2018; and (c) received interest in excess of the highest interest rate, from C Kak-gu, D, with the exception of KRW 750,000,000,000,000 per annum 7.5% per annum.

2. On July 18, 2017, at the same place, around 19:00, the Defendant loaned D 4.75 million won, excluding the advance interest of KRW 2.50,000,000, to receive interest of KRW 63.15% per annum (63.15% per annum), and received interest from KRW 1.250,000 per annum until January 16, 2018, and received interest exceeding the highest interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on details of financial transactions;

1. Articles 8 (1) and 2 (1) of the relevant Act on the Limitation of Interest concerning Criminal Facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (including the fact that the crime is recognized, the first crime, and the fact that D is not punishable by the defendant);

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