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(영문) 서울남부지방법원 2020.01.16 2019고정173

할부거래에관한법률위반

Text

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

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

A is a company in the Yeongdeungpo-gu Seoul Metropolitan Government Cbuilding and is engaged in prepaid installment trading business that receives a certain amount of monthly fees from its members in advance and sells funeral supplies, etc., and Defendant B is a person who has been in office as the representative director of Defendant A from October 20, 2010 to operate the company.

1. Where a consumer cancels a prepaid installment contract, the defendant B prepaid installment business operator shall refund the amount calculated by subtracting the penalty from the price already received within three business days from the date the contract is rescinded, and where he/she delays the refund, he/she shall also refund damages for delay according to the period of delay, and shall not delay or refuse the measures accordingly without justifiable grounds;

Nevertheless, at the time of January 11, 2018, the Defendant delayed refund of KRW 756,700 from the cancellation refund after subtracting penalty from the amount already received by D at the above company office, without justifiable grounds. From that time, until April 23, 2018, the Defendant delayed refund of KRW 630,249,000 for the total amount of KRW 567 prepaid refund without justifiable grounds, as described in the attached list of crimes, from April 23, 2018.

2. The Defendant Company A, at the time and place specified in the above paragraph (1), committed a violation as described in the above paragraph (1) regarding the Defendant’s business.

Summary of Evidence

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Statement to E by the police;

1. A list of 263 cases for termination of a contract as of March 26, 2018 and an application for termination of a contract; a list of the names of the refund for termination of termination of a contract as of April 20, 2018; and an application for termination of a contract; a written confirmation of the refund for termination of a contract;

1. Application of Acts and subordinate statutes to report on investigation (report on the difference between the number of members terminated by a contract and the certificate of deposit on cancellation refund);

1. The corresponding Article of the Criminal Act applies to the defendant.