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(영문) 대전지방법원 홍성지원 2013.09.27 2013고정261

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without justifiable grounds, by reaching a debtor or his/her related person, such as speaking, writing, sound, image, or any other means by phoneing a debt collection, thereby causing fear or apprehension.

Nevertheless, on June 21, 2013, the Defendant: (a) called “A mobile phone number (D) of the victim C with the phone number of the victim C,” and called “A mobile phone number (D)” to “A mobile phone number of the party intending to pay to E-cafeterias; and (b) the Party Dogs have to pay to E-cafeterias; (c) Dogs have to do so.”

6. At around 23:39, the victim’s cell phone sent a text message stating, “I wishing to have the victim go to face with the president of the cooperative, stamped the snow dynasium on the day before the victim’s cell phone.”

In addition, as shown in the separate list of crimes such as this;

6. 22. From 00:26 to 00:26, a letter message sent to 21 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 15 (2) 1 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act concerning facts constituting an offense and Article 15 (2) 1 of the same Act and Article 9 of the same Act

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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