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(영문) 대구지방법원 2018.06.08 2018고정97

채권의공정한추심에관한법률위반

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No creditor of a claim shall engage in any act that seriously undermines privacy or peace in business by repeatedly or at night, without justifiable grounds, by causing fear or apprehensions by sending words, letters, sound, images, or other things by telephone, etc. to a debtor or his/her related person.

From January 2017 to August 2017, the Defendant sent several text messages to urge the victim C and D to repay debts.

The act of seriously impairing the privacy and peace of the victim was committed by repeated arrival of the victim.

Summary of Evidence

1. C Witness’s testimony;

1. Written statements of D;

1. The details of Kakao Stockholm and text messages, investigation reports (Submission of suspect applications, etc.), and text messages;

1. Application of the process deed, loan certificate statute;

1. Article 15 (2) 2 and Article 9 subparagraph 3 of the Fair Debt Collection Practices Act concerning facts constituting an offense, and Article 15 (2) 2 and Article 15 of the Act on the Fair Debt Collection Practices, and Selection of fines;

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

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.