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(영문) 대전지방법원 2018.07.26 2018고단1422
채권의공정한추심에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the interest-restricted Act shall receive interest exceeding 25% per annum on the maximum interest rate under a contract for lending and borrowing money;

Nevertheless, on March 23, 2015, the Defendant lent KRW 3,534,00 to the victim E, and received KRW 15,470,00 from that time, the sum of interest exceeding the maximum interest rate of 25% per annum, such as the list of crimes, from June 8, 2016.

2. No person who has violated the Fair Debt Collection Practices Act shall assault, threaten, arrest, or detain an obligor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, the Defendant, on December 13, 2016, parked in the D parking lot located in Daejeon Daejeon-gu Daejeon on December 13, 2016, within the cubs of the Defendant, to the obligor E who borrows money from the Defendant.

“Along with sound, assaulted several times on the part of the chest and the head of E by hand.

Accordingly, the defendant assaults the debtor in relation to the collection of the claim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the details of passbook transactions, certificate of borrowing money, and process deed;

1. Relevant Articles of the Act on the Fair Debt Collection Practices and the Selection of Penalties - Articles 15(1) and 9 Subparag. 1 (collection by means of violence) of the Act on the Fair Debt Collection Practices - Articles 8(1) and 2(1) (payment by interest) of the Act on the Restriction of Interest - Imprisonment options, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act of the community service order [Article 62-2 of the Social Service Order (Article 62 of the same Act) of the same Act, even though the instant crime was committed in the same manner as the instant crime, the commission of the instant crime again led to the instant crime under unfavorable circumstances, which led to the waiver of the remainder of the principal claim against the victim, and the victim’s assistance.

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