채권의공정한추심에관한법률위반
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
No debt collector shall, in connection with debt collection, express his/her intention to collect any invalid or unexistent debt to any debtor or his/her related person.
The defendant lending money to the victim B around March 27, 1998 and the due date for payment is the same year.
9. By September 3, 1998, a notarial deed of a monetary loan for consumption was prepared to repay three million won by September 3, 1998. On December 10, 2010, the victim filed a lawsuit claiming a loan against the victim with the Changwon District Court, the Changwon District Court, and then received a favorable judgment on April 12, 201.
After that, around November 7, 2013, the Defendant received KRW 1 million from the victim with respect to the above judgment of civil procedure, and agreed that the above claim will be extinguished in full, and no objection would be raised in the future. Therefore, the Defendant did not have any claim against the victim.
Nevertheless, around 16:00 on August 30, 2018, the Defendant expressed the Defendant’s intent to collect a debt against a non-existent claim on the following grounds: (a) the Defendant displayed the execution clause for compulsory execution against the loan final and conclusive judgment rendered by the Changwon District Court 2010Gau 41219, Kim Young-si, Busan District Court 201, and (b) the Defendant has paid money from the said court; (c) the Defendant would be subject to seizure of money; and (d) the Defendant expressed his/her intention to collect a debt against a non-existent claim.
Accordingly, the defendant expressed his intention to collect non-existent claims and violated the Fair Debt Collection Practices Act.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the first and second police statements concerning E and B;
1. A detailed statement of transactions of automatic payment machines;
1. A certificate of completion of debt repayment, receipt;
1. Application of Acts and subordinate statutes on the judgment of the Changwon District Court in Kimhae-si;
1. Article 15 (2) 4 and Article 15 (2) 4 of the Fair Debt Collection Practices Act relating to facts constituting an offense;