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(영문) 서울서부지방법원 2020.08.20 2020고단1769

채권의공정한추심에관한법률위반등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around November 22, 2019, the Defendant leased KRW 2.7 million to the victim B, and KRW 2.2 million on December 21, 2019 to the victim C and the victim D are parents of the victim B.

1. No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her, and shall not inform any person other than a debtor of any false fact with regard to debt, and shall not engage in any act seriously impairing privacy or peace in business by demanding a person other than a debtor who has no legal obligation to repay debt to repay debt on behalf of a debtor to cause fear or apprehension;

On January 20, 2020, the Defendant urged B to repay the debt to B, with the knowledge that B had a debt to E, and had B repay the Defendant’s debt to B. A.

The Defendant committed a crime informing the victim C of false facts with regard to the victim C, with a view to having the F repaid the debt of B against C on behalf of F and having the F receive 24 million won as if it had the money that F had to receive from B.

On February 26, 2020, the Defendant made a phone call to C, and “I must do so. I would like to do so. I would like to do her far the fact that I would have to do so. I would like to resolve the dispute between B and B at the request of A, and F would have settled the settlement of F's f. F. F would have included money which would have resolved KRW 24 million at any time.”

Accordingly, the defendant knew that he was guilty of his obligation to a person other than the debtor.

B. The Defendant committed the assault against the Victim B, as above, did not lend KRW 2.7 million to B and repay the principal and interest within this week, which was due, even if having been repaid from January 13, 2020.