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(영문) 인천지방법원 2013.11.14 2013고단6415

채권의공정한추심에관한법률위반등

Text

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

However, 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. On November 12, 2012, the Defendant violated the Fair Collection and Collection of Claims Act is the president of the Incheon City Association of the Incorporated Association, a person who requested D to collect KRW 410 million from the obligor E.

No debt collector shall commit any act that seriously undermines privacy or peace in business by repeatedly demanding any debtor or his/her related person to use intimidation or force, or to repay any debt in connection with debt collection to arouse fear or apprehension.

A. On November 24, 2012, from around November 30, 2012 to November 30, 2012, the Defendant demanded the victim E (the age of 41) who is the debtor at “G Hospital” located in the Siljin-si (the age of 41) to allow the debtor to continue to recover money from the hospital and to attend the hospital, and to pay money.

Accordingly, the defendant's act of seriously impairing privacy and peace in business by threatening the victim for debt collection and repeatedly demanding the repayment of debt.

B. On December 28, 2012, around 12:00 on December 28, 2012, the Defendant: (a) 10 infinites; and (b) finites the victim E, a debtor, who entered the above hospital clinic, and treated the patient, were able to see “finites to resolve money; bind. finites”; and (c) finites the victim’s body to finite.

Accordingly, the defendant conspireds with 10 or more persons who are in bad name and used the power of the debtor for debt collection.

2. At around 12:00 on January 23, 2013, the Defendant interfered with his/her duties: (a) the first floor in the “G hospital” as stated in paragraph (1) operated by the Victim H; (b) the first floor in the “G hospital” operated by the victim H; and (c) the Defendant puts “infusing money” in order to collect claims against the debtor E, who is a doctor before the hospital; and (d) the Defendant received medical treatment by having the patients suffering from the disturbance, such as drinking.