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(영문) 울산지방법원 2016.08.26 2016고정741

이자제한법위반등

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

1. The maximum interest rate on loans of money in violation of the Interest Limitation Act shall not exceed 25% per annum;

Nevertheless, on June 10, 2015, the Defendant loaned KRW 500,000 to B as a condition (97.7% per annum of the number of months) on the repayment of KRW 750,000 per month between 10 months and 10 months, and additionally lent KRW 5 million to B under the same condition as on September 2015, the Defendant violated each limitation on the interest rate.

2. No person collecting claims, including lending money in violation of the Fair Debt Collection Practices Act, shall visit an obligor or his/her related person repeatedly or at night, without justifiable grounds, in connection with the collection of claims, or commit any act that seriously undermines privacy by causing fear or apprehensions by reaching the obligor;

Nevertheless, the Defendant urged B to pay the above loan amounting to KRW 10 million on the ground that B failed to pay the loan amounting to KRW 10,000,000. On February 23, 2016, the Defendant visited B’s house located in Yangsan-si, on the ground that B was not properly contacted, and visited B on February 23, 2016. From that time until February 25, 2016, the Defendant found B’s door at the house of the above B, opened the entrance, took a bath, and followed the house, thereby seriously impairing the peace of private life by repeatedly visiting the debtor at night or at night without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning recording notes, the printing of Kakao Stockholm messages, borrowed money instruments, and details of deposit transactions;

1. Relevant Article 8 (1) and Article 2 (1) of the Act on the Limitation of Interest on the Selection of Punishment for Criminal Facts, Article 15 (2) 2 and Article 9 subparagraph 2 of the Fair Debt Collection Practices Act, the selection of fines for negligence (including the reflection, the smooth agreement with the victim, etc.);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;