Text
Defendants shall be punished by a fine of KRW 10 million.
Defendant
B If the above fine is not paid, 100,000.
Reasons
Punishment of the crime
1. Defendant B is a person who was actually operating a corporation A, a corporation, which provides services, such as funerals, based on prepaid installment contract, from October 1, 2013 to the name of the representative director, after taking over from F, the former representative of the corporation.
Where a consumer cancels a prepaid installment contract, the prepaid installment business operator shall refund the amount obtained by subtracting the penalty from the price already received within three business days from the date the contract is rescinded, and where he/she delays the refund, he/she shall also refund damages for delay according to the period of delay, and shall not delay or refuse the measures therefor without justifiable grounds.
Nevertheless, at the time of September 26, 2013, the Defendant refused to take measures following the cancellation of a contract against H, a consumer who terminated a contract under the Yongsan-gu Seoul Special Metropolitan City G and 304, a location of a stock company A, without justifiable grounds, and did not pay KRW 1,143,000 for the cancellation refund within three business days. From this point to April 11, 2014, the Defendant did not refund the total of KRW 460,270,000 for the cancellation refund of KRW 302 until April 11, 2014 as shown in the attached list of crimes.
2. Defendant A Co., Ltd., at the same date, time, and place as set forth in paragraph (1) above, committed a violation as set forth in paragraph (1) above with respect to the Defendant’s business.
Summary of Evidence
1. Defendant B’s legal statement
1. Each protocol of examination of suspect E by the prosecution (including each part of the defendant B and I by the defendant I);
1. The suspect interrogation protocol of Defendant B by the prosecution;
1. Application of Acts and subordinate statutes to the Fair Trade Commission’s decision, overall transfer and takeover contract, takeover contract, A cancellation of a contract, a list of names not refunded to a stock company, transfer and takeover contract, register of corporate register (174 pages), and list of cancelled or refunded persons;
1. Article applicable to criminal facts;
A. Defendant A: Articles 52 and 52 of the Installment Transactions Act.