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(영문) 대구지방법원 2020.12.22 2020고정1471

채권의공정한추심에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually engaged in a credit business without registering the credit business, and B is an employee of the above lending enterprise from January 2020 to the Defendant’s request.

1. No debt collector who violates the Fair Collection of Claims Act shall commit any act seriously detrimental to privacy or peace in business by demanding any person other than a debtor who does not have any legal obligation to repay a debt on behalf of the debtor to arouse fear or apprehension;

Nevertheless, around March 14, 2020, Defendant B conspired with Defendant D in collusion with Defendant D before Daegu-gu, Seoul-gu, or around January 20, 2020, called D’s subsidiaries or wife E and F to pay the principal and interest of KRW 2 million between the loan and the loan from Defendant on or around January 20, 2020, and demanded that the family pay the money in lieu of the above D to the effect that he would cause the said D to pay the money, thereby seriously impairing the peace of privacy by demanding the repayment of the debt to a person who is not legally obligated to pay the debt and causing apprehensions.

2. Any person who intends to run a credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register it with the competent authorities;

Nevertheless, the Defendant, without registering with the competent authority on January 29, 2020, lent KRW 2 million to D, and paid only KRW 1.76 million after deducting the fees and interest on the day, and received KRW 60,000 from that time a total of KRW 60,000 from 45 days to March 2020.

Summary of Evidence

1. Each protocol of suspect interrogation of the defendant and the defendant B

1. Statement made to D by the police;

1. Investigation report (to have telephone conversations for witnesses);

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for reference);

1. Article 15 (2) 2 and subparagraph 6 of Article 9 of the Fair Debt Collection Practices Act concerning facts constituting an offense, Article 15 (2) 2 and Article 9 of the Criminal Act;