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(영문) 수원지방법원 성남지원 2014.08.22 2014고정1095

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, at the time of April 11, 201, is a creditor who lent KRW 4 million to the victim C (year 25, female) who was an employee of sexual traffic at the time, in a sexual traffic business establishment located in the Sung-nam-gu Office Btel operated by the Defendant as a partner of the business, and the debt collector who lent KRW 4 million to the victim C (year 25, female).

No debt collector 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.

Nevertheless, on April 13, 2012, the Defendant threatened the victim by sending the Kakakao Stockholm text message stating that “I would not pay the money. I would know to the parents. I would like to know that you will know all of the money?” at the Defendant’s residence in Gwanak-gu, Seoul Special Metropolitan City, where the Defendant temporarily resided.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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;