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(영문) 울산지방법원 2019.05.21 2018고정1063

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 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 by visiting an obligor or his/her related person without any justifiable reason to arouse fear or apprehension, or commit any act that severely undermines privacy or peace in business by repeatedly or at night, such as speaking, writing, sound, image, or goods by telephone, etc. at night without justifiable grounds, or by reaching an obligor or related person, thereby causing fear or apprehension.

On October 2016, the Defendant visited Yang-si apartment Dong-dong, where the victim’s parents reside, and attached a substitute bulletin stating “BC and money off-to-face.” From the above date to July 18, 2018, the Defendant repeatedly visited the victim’s family members or sent text messages over 22 times in total, such as the list of crimes in the annexed sheet, from the above date and time to July 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of the Acts and subordinate statutes to confirm an investigation (abandon analysis result);

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Articles 15 (2) 2 and 9 (2) 2 of the same Act concerning facts constituting an offense, and Article 15 (2) 2 of the same Act and subparagraph 3 of Article 9 of the same Act (the act of inducing fears by multiple visits, etc.), the selection of fines;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is both committed at the time of and against the depth of the crime, and the victim and his family members do not want the punishment of the defendant by mutual consent with the victim.