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(영문) 대전지방법원 2016.04.28 2015고정1846

이자제한법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 10, 201, the Defendant violated the Interest Limitation Act agreed to receive KRW 200,000,000 equivalent to KRW 10,000 per month interest on the condition that he/she lends KRW 2,000,000 from the front corridor of Daejeon Daejeon Apartment-gu Seoul apartment house 204 to D on the condition that he/she lends KRW 1,000,000 per month interest, and borrowed KRW 1,90,000 after deducting KRW 100,000 per month interest. The Defendant received interest from D on November 2011 and paid KRW 2,00,000 per month of December 201 from D on the corresponding month, and received interest exceeding the highest interest rate of KRW 30% per annum prescribed in the Interest Restriction Act.

2. No person who has violated the Fair Debt Collection Practices Act shall assault, threaten, arrest or detain, or use deceptive means or force against, a debtor or his/her related persons in connection with debt collection;

A. The Defendant, on September 10, 2014, found in the front corridor of Daejeon-gu, Daejeon-gu, the victim’s home, for the purpose of collecting the claim, on the ground that the Defendant did not receive the payment of KRW 2 million and interest, which was lent to the victim D, and on September 10, 2014, the Defendant “drawing off the money.”

H. must die with money to be paid in full.

The claims were collected by means of force, such as taking a bath for this weather year, “h.”.

B. On October 12, 2014, the Defendant collected the Defendant’s claim by using force, such as exercising force, on the ground that the Defendant did not pay the interest on the said money as above, and on the ground that he was found on the street in front of the Daejeon Seo-gu E, Daejeon, where his father and wife were living with the victim’s father, and that he did not pay the money for this year, and that he had to die with the victim. The Defendant collected the Defendant’s claim by using force, such as “Isknish, Iskh, with the money for this year, even if Iskh, with the money for this case.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Relevant Article 8(1), Article 2(1), and Article 2(1) of the former Restriction on Interest (amended by Act No. 1227, Jan. 14, 2014) (amended by Act No. 1227, Jan. 14, 201) on criminal facts, and each of the former claims fair.