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(영문) 대구지방법원 서부지원 2015.12.17 2015고단2029
채권의공정한추심에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Interest Limitation Act lent KRW 19 million to G on May 29, 2012. From June 29, 2012 to November 30, 2012, the Defendant received interest of KRW 24.6% per annum exceeding 30% per annum, which is the highest interest rate under the name of the Defendant’s Daegu Bank Account, in return for repayment of KRW 24.2 million to November 30, 2012.

2. From February 4, 2013 to February 18, 2013, the Defendant loaned KRW 112 million to the victim H (32 years of age) one week of maturity from February 4, 2013 to the end of February 18, 2013. As the Defendant was unable to repay the amount, the Defendant was willing to collect the claim by giving the Defendant H and the victim I (the Defendant, 30 years of age) who was his wife to pay the amount.

On March 3, 2013, the Defendant threatened the Defendant in relation to the debt collection, stating, “I will not pay back as soon as possible,” on the part of the victim upon the victim’s request that “I wish to talk about the time to pay” in the Defendant’s immigration center in Daegu-gu J, Seo-gu.”

B. On March 4, 2013, at least 21:00, the Defendant, along with K and L, sought a house of the victim I (8 months of pregnancy at the time) located in the Daegu-gu Incheon Metropolitan City M apartment 101 Dong 603, and then, the Defendant threatened the Defendant, in relation to the debt collection, that “I would be punished by imprisonment with prison labor for the party’s husband if I would be paid the money to the victim. I want to give birth at the prison of the party, and I would pay the money as soon as possible.”

C. On March 5, 2013, the Defendant continued to call to H to offer a house rental deposit which he lives at present as security, and changed the name of the house lessee in the future. It means that “I will change the name of the house lessee in the future of the house in the house. I will not have to change the name of the house lessee in the future of the house.”

3.

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