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(영문) 서울동부지방법원 2015.11.27 2015고정1411

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No debt collector shall engage in any conduct that seriously undermines privacy or business peace by using force on any debtor or his/her related person, or by repeatedly or at night (from 9:00 p.m. to 8:0 a.m. on the following day) without justifiable grounds, by visiting any debtor or his/her related person, or by delivering words, letters, sound, image, or goods to any debtor or related person, in connection with debt collection.

Nevertheless, the Defendant borrowed KRW 7,200,00 from April 1, 2009 to September 2009 to borrowed KRW 7,200,00 to the victim C, and the Defendant forced the victim to pay part of the remainder and to pay the remainder, and collected the Defendant’s debt by force on March 2013, by means of force. From April 16, 2013 to October 23, 2013, the Defendant sent the phone and letters demanding the payment of the claim to the victim repeatedly over several hundreds per week and night, and around May 21, 2013 to the victim’s house of Seongdong-gu Seoul Metropolitan Government, demanding the victim to pay part of the remainder, thereby impairing private life and business by inducing anxiety.

Summary of Evidence

1. C’s legal statement;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Illegal photograph of claims collection;

1. Application of Acts and subordinate statutes to criminal investigation reports (related to attachment of recording notes on conversations between a suspect and an complainant);

1. Relevant legal provisions for facts constituting an offense, Articles 15 (1), 9 (1) 1 (a point of use for force), Article 15 (2) 2, and Article 9 subparagraph 2 (a point of night visit) of the Fair Debt Collection Practices Act, Article 15 (2) 2, and Article 15 subparagraph 3 (a point of time due to repeated arrival) of the Fair Debt Collection Practices Act, and selection of fines;

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