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(영문) 서울남부지방법원 2013.05.24 2013고정16
할부거래에관한법률
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the representative of “B Co., Ltd.”, a corporation that registered prepaid installment trading business on March 17, 201 and engages in the mutual aid business.

Where a prepaid installment contract is rescinded, the prepaid installment business operator shall refund the consumer the amount calculated by subtracting the penalty from the price already received within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.

Around July 8, 2011, the Defendant was notified of the cancellation of a contract by a consumer D, who signed a prepaid installment contract with B, and paid a total of KRW 1,800,000 in total at the B office located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul around July 8, 201, and thus, the Defendant did not pay the cancellation refund of KRW 1,453,000, the remainder of which is limited to the penalty for breach of contract, from July 13, 201, until July 13, 2011, to the said D without justifiable grounds.

In addition, the Defendant did not pay the cancellation refund of KRW 17,035,00 in total to 12 consumers who had rescinded prepaid installment contracts with B from July 8, 201 to November 16, 201 in the manner described in the attached Table of Crimes, as shown in the attached Table of Crimes.

Summary of Evidence

1. Court statement of the defendant (the date on which the first trial is made);

1. Each police statement of E and F;

1. Delivery of related data to Defendant projecters who violate the Installment Transactions Act;

1. Application of Acts and subordinate statutes requesting companies violating the Installment Transactions Act to take corrective measures;

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

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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