이자제한법위반등
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. The maximum interest rate under the contract for lending and borrowing of money in violation of the Interest Limitation Act shall not be 30% per annum and shall not receive the interest exceeding the maximum interest rate;
From October 28, 2008 to November 11, 2008, the Defendant agreed to receive interest of KRW 1,500,000 per month until the principal is repaid, and the Defendant paid interest of KRW 36% per annum from November 19, 2008 to July 31, 2012.
The Defendant, around August 21, 2012, requested C to borrow additional KRW 30 million, and requested C to open a joint and several surety for KRW 80 million including the above KRW 50 million as a joint and several surety and offered C to open a joint and several surety for KRW 30 million as a joint and several surety and paid KRW 27,933,834, which deducts KRW 276,000 from the interest of KRW 2,066,166 each month, and received interest exceeding the highest interest rate by receiving interest of KRW 366% per year. < Amended by Act No. 11448, Aug. 21, 2012; Act No. 11378, Aug. 24, 2012; Act No. 11383, Aug. 24, 2012.
2. Violation of the Fair Collection of Claims Act;
(a) No debt collector shall assault or threaten any debtor or his/her related person in connection with debt collection;
Around August 2012, the Defendant threatened the victim C and the guarantor D with the delay in the repayment of interest, the Defendant stated that “(D) guarantee is given to the victim C and the guarantor D, and, if the Defendant speaks, she will be able to know that (D) apartment is being put up for an excessive test, she will health, and so, she will be promptly made, as soon as possible.” The Defendant made a intimidation to the victim C that “(C is affiliated) will inform the members of the Daegu Enterprise Development Council of the fact of the obligation to the members of the Daegu Enterprise Development Council,” thereby threatening the debtor in relation to debt collection.
(b) In connection with debt collection, a debt collector shall seriously harm privacy or peace in business by repeatedly or at night, without any justifiable reason, by causing fear or apprehensions by sending words, letters, sound, images, or other things by phone calls to the debtor or his/her related person.