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(영문) 부산지방법원 2014.05.15 2014고정873
할부거래에관한법률
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Where a prepaid installment contract is rescinded, the prepaid installment business operator shall refund the consumer the amount calculated by subtracting the penalty from the price already received within three business days from the date of rescission, and shall not delay or refuse the measures without justifiable grounds, notwithstanding the consumer's cancellation of the contract.

The Defendant operates a stock company B (hereinafter “instant company”), a prepaid installment business entity, which is a consumer of the instant company, who received the payment of funeral services and the price of goods, etc. incidental thereto two or more times over a period of not less than two months. On May 10, 201, the Defendant did not pay 1,250,000 won of a refund to the said D without justifiable grounds after receiving an application for cancellation of the contract from D, the consumer of the instant company, on or around May 10, 201, from May 10, 201, after receiving the application for cancellation of the contract from D, which is the consumer of the instant company, to December 16, 201. From that time, the Defendant did not pay 56 consumers, who rescinded the prepaid installment contract, as described in the attached list of crimes, a total of KRW 42,252,30

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A petition (including attached data);

1. Application of Acts and subordinate statutes to report the results of investigation;

1. Subparagraph 2 of Article 51 and subparagraph 10 of Article 34 of the Act on the Installment Transactions of Specific Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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