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(영문) 수원지방법원 2015.04.23 2015고정101
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

1. No person who violates the Interest Limitation Act shall receive interest exceeding 30% per annum of the contract for lending and borrowing of money;

On December 14, 2011, the Defendant agreed to receive interest of 6% (70% per annum) per annum while lending KRW 20 million to B at a mutually unclaimed restaurant located in the Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and received interest pursuant to the above agreement. In addition, the Defendant loaned KRW 80,000,000 in total three times per annum and received interest of 70% per annum in excess of the limited interest rate.

2. On November 25, 2012, the Defendant: (a) sought interest from the victim B in front of the D Pharmacy in Suwon-si, Suwon-si, Suwon-si; and (b) inflicted injury on the victim, by plucking, plucking up the victim’s fingers that had been frighted by both descendants during the process of cutting off the victim’s bags; and (c) plucking up the victim’s fingers with approximately four weeks of the victim’s fingers, thereby causing approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning specifications of transactions of Suwons Act and community credit cooperatives;

1. Article 8(1) and Article 2(1) of the former Act on the Restriction of Interest (Amended by Act No. 12227, Jan. 14, 2014); Article 257(1) of the Criminal Act; the selection of fines for negligence;

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. To reduce part of the fines determined by the summary order in consideration of the fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, there are circumstances to consider the circumstances leading to the instant crime, the relationship between the defendant and the victim, etc.

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