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(영문) 부산지방법원 동부지원 2018.10.17 2018고정480

채권의공정한추심에관한법률위반

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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 27, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of six months, due to a crime of interference with the performance of official duties in Busan District Court's Dong Branch, and the judgment became final and conclusive on May 5, 2017.

No creditor of claims may threaten the debtor in connection with the collection of claims.

On August 21, 2015, the defendant lent 6 million won to the victim C through the introduction of B around August 21, 2015, but the victim did not change this, and the defendant was willing to collect the claim by threatening the victim.

From October 2015 to November 2015, at around 21:00 on the date, the Defendant threatened the victim with harm to the body of the victim, etc. if the victim did not pay his/her obligation to the victim, such as the time when the victim met the b's b's b's b's b's b's b's b's b's b's b's b's b's b's b's b's b's b's b'.

The Defendant threatened the victim as such.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Investigation report (related to the date and time of damage and telephone communications of victims C);

1. Previous convictions in judgment: Application of criminal history and investigation report (verification of concurrent crimes relationship after Article 37 of the Criminal Act) Acts and subordinate statutes;

1. Article 15 (1) and subparagraph 1 of Article 9 of the Act on the Fair Debt Collection Practices and the pertinent Act regarding facts constituting an offense, and Articles 15 (1) and 19 of the same Act and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;