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(영문) 서울남부지방법원 2013.05.13 2013고정18
할부거래에관한법률
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around March 17, 2011, the Defendant, as the representative director of “B” corporation, which is a corporation operating a superior business after registering a prepaid installment trading business, is a person in charge of overall business of the said company. In collusion with the former F, the Defendant committed the following crimes.

Where a prepaid installment contract is rescinded, the prepaid installment business operator shall refund the consumer the amount calculated by subtracting the penalty from the price already received within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 conspired with F, on November 21, 201, at the office of B Co., Ltd. located in the office of Gangseo-gu Seoul Metropolitan Government C building B 107-1, and was notified of the cancellation of the contract by the consumer G who concluded a prepaid installment contract with B Co., Ltd. and paid a total of three million won, and thus, the Defendant did not pay the cancellation refund of KRW 1,453,000,00, the remainder of which is limited to the penalty for breach of contract, by November 24, 2011, until November 24, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes to the certificate, content certificate, and application form for cancellation of a liquor company B;

1. Article 51 subparagraph 2 of the relevant Act on Criminal facts and subparagraph 10 of Article 34 of the Act on Special Cases concerning Additional Transactions of Punishment of Specific Crimes (Selection of Fines);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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