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(영문) 서울북부지방법원 2020.10.23 2020고정43

채권의공정한추심에관한법률위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the creditor who lent 2 million won to the victim B, who did not pay the debt and did not receive any contact with the victim, and he tried to collect the debt.

1. On August 17, 2019, at around 11:50, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) issued a door door door to the building that was not corrected for multi-household houses located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu and entered the front of the victim's house, and entered the door door to the victim's house. However, the Defendant sent a door to the victim's house, but the victim did not open the door, using the fact that the victim did not know of the mobile phone number C, sent a false letter to C as if the victim was a visiting engineer, and the victim got the front door to the victim's room.

Accordingly, the defendant and C violated the victim's residence jointly.

2. No collector of a claim in violation of the Fair Collection of Claims Act shall assault, threaten, arrest or detain, or use a deceptive scheme or force against a debtor or his/her related person;

Nevertheless, the Defendant, at the time and place specified in Paragraph (1) where the victim did not have any contact with the victim without having to pay the money, found the victim’s house as stated in Paragraph (1) and the victim’s house, and said, the Defendant stated, “The Defendant did not pay the money on the date he did not comply with the Defendant’s promise and refund the money, 50,000 won in hand, and she did so.”

Accordingly, the defendant threatened the debtor to collect claims.

Summary of Evidence

1. Partial statement of the defendant C by the defendant's partial statement;

1. On the argument of the defendant and his defense counsel, the investigation report on the statement of the police about B (a certificate of medical treatment submitted by the complainant, etc.) is attached.