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(영문) 춘천지방법원 2013.12.10 2013고정618

채권의공정한추심에관한법률위반

Text

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

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

Reasons

Punishment of the crime

No debt collector shall engage in any act that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, by causing fear or apprehensions by sending words, letters, sound, images, or other things, such as telephone, or by reaching the debtor or his/her related person.

At around 10:30 on February 2, 2013, the Defendant sent a text message to the YYYYYYUDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD) at a non-permanent location, and would like to find a company with the victim and his husband of the victim without paying money. From June 25, 2013 to June 25, 2013, the Defendant repeatedly sent the text message to the victim at the victim’s mobile phone, thereby inducing the victim’s uneasy and peace in private life by sending it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Complaint;

1. Contents of the page to which the head of Chuncheon branch has sent to the complainant, letters sent to the customer satisfaction center of the head office of WT branch, a statement of account transactions, and a statement of payment note;

1. Application of Acts and subordinate statutes of letters and photographs sent by a suspect;

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 subparagraph 3 of Article 9 of the same Act;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.