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(영문) 수원지방법원 평택지원 2016.08.25 2016고단896

채권의공정한추심에관한법률위반등

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 11, 2016, the Defendants jointly committed the crime committed by the Defendants, within the F consulting office in Pyeongtaek-si E, and on the grounds that the victims G did not pay their obligations to Defendant B and did not pay their obligations to Defendant B, the victims were the victim, and the victims were found to be the victim’s company.

At this time, Defendant B threatened the victim by taking the victim’s desire on the ground that the victim did not pay his money and did not receive any contact, and by gathering the victim’s mobile phone on the book of the counseling room, Defendant A collected the victim’s cellphone, which is a dangerous and dangerous object, with the high hacks with the victim’s plastic paper (35cm in length) and putting about 3 to 4 times the left hand floor of the victim’s left hand with the head of the hacks (3 to 4cm in length).

As a result, the Defendants conspired to threaten the debtor to collect claims, and at the same time threatened the victim with dangerous things.

2. Defendant B, at the time and place specified in paragraph 1, posted a cell phone owned by the victim on the books inside the above company counseling room, and damaged one mobile phone worth KRW 900,000 at the market price.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the suspect against the Defendants

1. Statement made by the police with H;

1. Application of existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. A of the pertinent legal provision on criminal facts: Articles 15(1) and 9 subparag. 1 of the Fair Debt Collection Practices Act, Articles 284, 283(1), and 30 (Selection of Imprisonment) of the Criminal Act; Articles 15(1) and 19 subparag. 1 of the Fair Debt Collection Practices Act; Articles 284, 283(1), 30, and 366 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48(1) of the Criminal Act of confiscation.