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(영문) 수원지방법원 2019.06.28 2019노675

편지개봉등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not require the victim B to pay the money borrowed from the defendant.

In addition, the defendant did not have an intention to cause fear of the victim and harm the peace of privacy.

Nevertheless, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine, which found the Defendant guilty of this part of the facts charged.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.

2. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the judgment of the court below 1), the defendant at the court below also argued in the same manner in the trial, and the court below convicted him of this part of the facts charged based on the circumstances as stated in its reasoning. 2) Articles 15(2)2 and 9 subparag. 6 of the Fair Debt Collection Practices Act require a person other than the debtor who does not have any legal obligation to pay his/her obligation to pay his/her liability to pay his/her liability on behalf of the debtor, thereby causing fear or apprehension, thereby severely impairing privacy and peace in business.

Here, whether an act constitutes “an act that seriously undermines privacy or peace in business by inducing fear and fear” ought to be determined by comprehensively taking into account the content and method of speech or behavior shown by the Defendant to the other party and its expression, the relationship between the Defendant and the other party, the circumstances and frequency of the Defendant’s speech or behavior to the other party, and the circumstances faced by the other party at that time.

(See Supreme Court Decision 2018Do14610 Decided November 15, 2018). According to the evidence duly admitted and examined by the lower court, the Defendant lent approximately KRW 400 million to B from the summer of 2014 to December 2017, but the Defendant did not receive a refund of KRW 200 million among them. There are a considerable number of money borrowed from B to the Defendant.