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(영문) 대전지방법원홍성지원 2020.11.24 2020고단783
이자제한법위반등
Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Interest Limitation Act shall receive interest exceeding 24% per annum, which is the maximum interest rate under a contract for lending and borrowing of money;

Nevertheless, around May 3, 2018, the Defendant entered into a contract to lend KRW 50 million to D for a year under the condition that D is paid interest of KRW 3 million to D for one year by the debtor in Bohnam-si, Chungcheongnam-si. The same year.

6.1. Around 30,000 won, after subtracting three million won as a prior interest, was lent to the above D, and the interest exceeding the statutory interest rate was paid upon receiving three million won as a interest on the 30th of the same month from around the 30th of the same month. From that time to July 16, 2018, the above D lent a total of KRW 65 million to the above D, as shown in the annexed crime list 1, and both were paid interest exceeding the statutory interest rate over ten times.

2. Any debt collector who violates the Fair Collection of Claims Act shall be prohibited from threatening the relevant persons of debtors or using any threat to such persons in connection with debt collection, and from visiting the relevant persons in connection with debt collection unless he/she asks about the methods, etc. for identifying the debtor's location, contact address, or location, or allowing any interested person to deliver words, letters, sound, image, or things to the persons concerned;

Nevertheless, at around 20:00 on May 27, 2019, the Defendant: (a) performed claims collection by exercising power; (b) from that time to November 4, 2019, the Defendant provided that “D shall not have paid D money; (c) he/she shall not have any contact with D; (d) he/she shall not have any contact with D; (d) he/she borrowed money by taking advantage of the need for money; and (e) he/she borrowed money by taking advantage of the need for money as security; and (d) he/she voluntarily disposed of D, thereby filing a complaint against his/her father; and (e) performed claims collection by exercising power; and (e) from that time, from that time to November 4, 2019, the Defendant, as stated in the attached Table 2, intended to collect money more than six times.

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