beta
(영문) 서울남부지방법원 2019.02.08 2018고정796

채권의공정한추심에관한법률위반

Text

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

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 16:00 on October 27, 2015, the Defendant: (a) drafted a certificate of borrowing that “D shall not return to the obligor, prior to the maturity of the certificate of borrowing, on the ground that D, a debtor’s house located in Dongjak-gu Seoul Metropolitan Government, did not repay money to the obligor on the ground that D, a debtor did not repay money to the obligor; (b) “D shall not return to the obligor, prior to the maturity of the certificate of borrowing four million won loaned by D”; and (c) forced D to prepare the certificate of borrowing.”

As a result, the Defendant demanded a person other than the obligor who does not have any legal obligation to repay his/her obligation on behalf of the obligor to perform his/her obligation, thereby causing fear or apprehensions, thereby seriously impairing the peace of privacy.

Summary of Evidence

1. Legal statement of witness D;

1. The police statement of E, C, and D;

1. Application of Acts and subordinate statutes to a copy of each certificate of borrowing (referring to eight pages, sixty-five pages, 112 pages);

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 6 of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;