채권의공정한추심에관한법률위반
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be suspended from a sentence of punishment.
1. Summary of grounds for appeal;
A. Error of facts (defendant A) The defendant, as a witness of compulsory execution, had a fact between the debtor F's house and the defendant F's house according to the defendant B, but the defendant B was waiting to complete the collection business and was waiting to do so outside the house, and there was no end to prepare a certificate of subrogation for the victim.
B. Since at the time of mistake of facts and misapprehension of legal principles (Defendant B), the victim, who is the husband of F, demanded to prepare a certificate of subrogation by deeming that he/she is responsible for the true debtor, this is a legitimate exercise of collection authority, and there was no desire or abuse of power against the victim, such as the facts charged.
C. The sentencing of the lower court (Defendant A: a fine of one million won, Defendant B: a fine of two million won) is too unreasonable.
2. Determination on the grounds for appeal
A. The following circumstances acknowledged by the lower court and the court’s duly adopted and investigated the assertion of mistake of facts and misapprehension of legal principles as to Defendant B’s assertion: (i) Defendant B attended the compulsory execution by the court as the obligee’s agent with K and Defendant A, and asked the obligor F without returning to the end of compulsory execution; (ii) Defendant B demanded the victim, the husband of the obligor, who was the husband of the victim, to prepare a written confirmation of subrogation; (iii) Defendant B requested several times that the victim would return to the refusal, but Defendant B did not return to the refusal; (iv) Defendant B did not have a duty to prepare a written confirmation of subrogation by the victim for about one hour; (iii) Defendant B did not have a right to demand it; and (iv) Defendant B demanded the police to refuse it and return to the police; and (v) Defendant B forced the victim to do so at the time.