(영문) 대전지방법원 2015.06.17 2015노172 | 리걸엔진

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(영문) 대전지방법원 2015.06.17 2015노172

대부업등의등록및금융이용자보호에관한법률위반등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant did not threaten F and G as stated in the facts charged, the lower court convicted him of violating the Act on the Fair Collection of Claims, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence (7 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the court below found the defendant guilty of violating the Act on Registration of Credit Business, etc. and Protection of Financial Users, and found the defendant guilty on the violation of the Act on Protection of Financial Users, since the court below omitted the attached list and committed an illegal act which did not specify the facts of the crime of violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, which led to the omission of the attached

However, despite the above reasons for ex officio destruction, the above argument of mistake of facts by the defendant is still subject to the judgment of this court, and this is examined.

3. The judgment of the court below

A. As to the violation of the Fair Collection of Claims Act, the debt collector of the facts charged in the instant case shall not assault, threaten, arrest or detain the debtor or his related person in connection with the debt collection, or use deceptive scheme or force against him/her.

Nevertheless, the Defendant, at around 19:30 on August 7, 2013, 2013, intended to exempt the victim F from all or part of the principal and interest of the loan at a coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul, on the ground that: (a) the victim F did not fully pay the principal and interest of the loan; and (b) whether the principal and interest are fully paid as agreed upon.

Does this kind of chynax is not the principal and expenses to be given by the public. This kind of chynax shall be considered to be friendly, and this part of this hynax shall be dead.

It is expected that the vehicle will be cut off.

The results of this Ordinance shall be changed.

유사 판례

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-창원지방법원 밀양지원 2015.01.15 2013고단308