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(영문) 청주지방법원 2015.11.16 2015고정391
이자제한법위반등
Text

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

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

Reasons

Punishment of the crime

1. On December 12, 2013, the Defendant in violation of the Interest Limitation Act lent KRW 5% of interest monthly to the victim B, KRW 100,000 per day for interest in arrears, and KRW 10,000 as of October 12, 2014, to the victim B at the office of the Yongsan Cancer Residents' Center located in Yongsan-dong, which is located in Yongsan-si, a considerable amount of Cheongju-si, and KRW 2,760,000 as above, and received payment from the victim from December 12, 2013 to July 12, 2014.

Accordingly, the Defendant received interest from the victim in excess of 30% per annum, which is the maximum interest rate under the contract for lending and borrowing of money.

2. Any debt collector who violates the Fair Debt Collection Practices Act shall be prohibited from performing acts that seriously harm privacy or peace in business by repeatedly speaking in connection with debt collection without any justifiable grounds or by reaching the debtor with words, letters, sound, or images, which arouse fear or apprehensions;

Nevertheless, the Defendant concluded a monetary lending contract with the victim B as stated in paragraph (1) on May 18, 2014, and around 21:26, on May 18, 2014, sent the victim a text message stating, “and take measures to put the source in the principal if delay is delayed, such as interest in arrears,” and committed an act that seriously undermines the peace of the privacy of the victim by repeatedly transmitting the text message demanding the repayment of debt, etc. from February 12, 2014 to August 20, 2014, as shown in the attached crime list, to the victim from February 12, 2014 to August 20, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to notarial deeds, details of passbook transactions, urging for payment, and text of intimidation;

1. Articles 8(1) and 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Articles 15(2)2 and 9 of the Fair Debt Collection Practices Act concerning criminal facts.

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