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(영문) 부산지방법원 2014.11.20 2014고정4043

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant's sole criminal conduct;

A. A. On October 9, 2013, around 22:00, the crime committed on and around October 9, 201, around 22:00, to receive the interest calculated by 5% per month from C, and leased KRW 1:4.2 million to C. The Defendant, while managing the income of C, an employee of the entertainment establishments he/she worked, has carried out debt collection for B in the manner of paying interest on behalf of C.

C Around July 2013, the Defendant was replaced with a entertainment business place that had been employed by C, and then the Defendant was urged to receive B’s claim by threatening C, and the Defendant sent a text message to C using a mobile phone device in the E entertainment tavern located in Busan Shipping Daegu D around October 22, 2013 and around October 22, 2013, using the mobile phone device to “C” to the effect that “I are able to keep documents at the house if I are inside of the party, and you are able to know the fact that C was responsible for the debt at the entertainment business place if I did not comply with the Defendant’s request.”

Accordingly, the defendant threatened the debtor with respect to debt collection.

B. On October 10, 2013, at around 02:00 on October 10, 2013, the Defendant made a statement to the effect that G’s family members would know about the fact that G works for entertainment establishments and guaranteed other female employees’ obligations, on October 10, 2013, at a place where the address of Busan is not known, and for the same reason as the foregoing paragraph (a), G calls to a person who guaranteed C’s obligations for a reason as stated in the foregoing paragraph, and that, if the Defendant did not comply with the Defendant’s request, G would be aware of the fact that it guaranteed the Defendant’s obligations while working for entertainment establishments.

Accordingly, the defendant threatened the debtor with respect to debt collection.

2. Around 03:00 on October 10, 2013, the Defendant, a co-principal with H, demanded H to “A, as if he/she met the guarantor to collect the B’s claim,” and H accepted it.

The Defendant, together with H, shall be G.