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(영문) 수원지방법원 2015.11.02 2015고단3411

채권의공정한추심에관한법률위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around July 21, 2015, the Defendant violated the Fair Debt Collection Practices Act (hereinafter “Fair Debt Collection Act”) expressed the victim’s resident registration abstract issued in advance by stating that the victim would have repaid KRW 3.8 million from the Defendant around January 2014, and then threatened the victim by stating that “Isu-si D will reduce the amount of her head to a right her head to a right her head to a right her head to a right her head to a right her head to a right her head to a right her head.”

Accordingly, the defendant threatened the victim to collect claims.

2. Intimidation;

A. On July 4, 2015, the Defendant sent a message to the victim, using the Defendant’s mobile phone Kakao Kakaofa case that was installed in the Defendant’s mobile phone on the ground that the victim was not able to repay the money borrowed at a place where the location is unknown, thereby threatening the victim by sending the message with the content “ how I am tafa am tafa am.” and “Ne son Gafa am.”

나. 피고인은 2015. 7. 5. 21:28경 장소를 알 수 없는 곳에서 피해자가 부모님 집 주소를 알려주지 않는다는 이유로 카카오톡 어플리케이션을 이용하여 피해자에게 “이사가셨어 괜찮아 니꺼 가지고 다시 뛸 수 있으니 ㅋㅋㅋ”, “친구들 4대차가 움직일꺼야.”, “경찰서 안가고내방식대로 해줄게.”라는 내용의 메시지를 전송하여 피해자를 협박하였다.

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 photograph the Kakao Stockholm conversation;

1. Article 15(1) and Article 9 subparag. 1 of the Act on the Fair Debt Collection Practices (illegal debt Collection), Article 283(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act, the background of crimes, details of intimidation, relationship between the defendant and the victim, and the defendant.