이자제한법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Fact-misunderstanding or misapprehension of the legal principles) ① The actual obligee of the instant lending contract is not the Defendant but the Defendant’s mother D, and ② the Defendant agreed to receive the “5% of the principal remaining after making a repayment in 1 million won per month” in the instant lending contract. The interest actually received by the Defendant does not exceed the maximum interest rate of 30% per annum under the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014; hereinafter “former Interest Limitation Act”). ③ “The amount of 5% per month per annum” and “interest of 100,000 won per month” under the agreement between the parties, and there was errors in the law that the Defendant did not recognize that such agreement was in violation of the former Interest Limitation Act, and ④ the Defendant concluded the instant lending contract not in the status of a credit service provider but in the status of a credit service provider but in accordance with the agreement with the parties concerned. Therefore, the agreement between the parties concerned cannot be deemed as a regulation of interest.
2) Since the Defendant violated the Fair Debt Collection Practices Act, as the Defendant did not receive the Defendant’s phone while failing to perform his/her obligation, the Defendant sent the instant text message to the Defendant, there are justifiable grounds for sending the Defendant’s text message, and in light of the frequency and contents of the text message, it did not amount to the degree that B’s peace in privacy was seriously harmed.
B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.
2. Determination as to the misapprehension of facts or misapprehension of legal principles
A. 1) First, we examine whether the defendant is the actual creditor of the lending contract of this case.
The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below and the evidence additionally examined by the court below, i.e., the loan certificate of the lending contract of this case.