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(영문) 서울북부지방법원 2013.07.03 2013고정1191

채권의공정한추심에관한법률위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. No debt collector of the facts charged shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night by phoneing words, letters, sound, images, or other things, without any justifiable reason, and causing fear or apprehensions by causing fears or apprehensions, or forcing a debtor or his/her related person to prepare funds for repaying obligations by borrowing money or in any other similar way, thereby causing fear or apprehensions;

On October 3, 2012, at around 17:10 on October 3, 2012, the Defendant sent to C, the debtor, a mobile phone short-to-face service, the word “Ivoking to write down,” and committed an act that seriously undermines privacy or peace in business by forcing C, as indicated in the list of crimes, to repeatedly send a mobile phone short message, or to make a deposit in 51 times in total by telephone, or by forcing C, a debtor, to prepare a debt repayment fund by lending money, thereby inducing fear or apprehension.

2. According to the evidence duly adopted and examined by this court, it is recognized that the defendant sent a mobile phone text message to the debtor several times as shown in the annexed crime list.

Unlike the entries in the main text of the facts charged, only the fact that the defendant sent a mobile phone text message to the debtor, and the fact that the defendant made a phone call to the debtor or sent a voice to the debtor is not stated. However, the following circumstances recognized by the evidence and the interpretation of penal law should be strict, and the meaning of penal law should be the defendant.