Text
Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall enter into a contract for lending and borrowing of money and receive interest in excess of 25 percent per annum, which is the highest interest rate.
Nevertheless, around February 3, 2015, the Defendant loaned the principal of KRW 5 million to the obligor C in Seocho-gu Seoul Metropolitan Government Seocho-gu, the Defendant entered into a monetary lending contract with approximately KRW 334.4% of the annual interest rate of KRW 4,50,000,000 after deducting KRW 100,000 from the name of the primary interest, and received interest thereon for 60 days.
Ultimately, the Defendant, while entering into a contract for monetary lending and lending, received interest exceeding the highest interest rate as above, from around that time to August 24, 2015, and was paid interest at the rate of 334.4 percent to 636.7 percent per annum, which exceeds the highest interest rate of 19 million won in total, as stated in the list of crimes committed in the attached Table.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness C;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement of partial police statement against C;
1. A report on investigation;
1. Application of Acts and subordinate statutes on the details of loan transactions and the details of each deposit;
1. Relevant provisions of the Act concerning facts constituting an offense and Articles 8 and 2 (1) of the Act on Restriction of Interest on the Selection of Punishment
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment
1. A person who collects claims based on the summary of the facts charged shall not assault, threaten, arrest or detain an obligor or his/her related persons in connection with the collection of claims, or use a deceptive scheme or force against him/her;
Nevertheless, the defendant around 16:00 on December 18, 2015, on the ground that the defendant does not pay the principal and interest of the loan stated in facts constituting a crime in the car page located in Seocho-gu Seoul Metropolitan Government Seocho-gu.