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(영문) 인천지방법원 2015.04.24 2015고정877

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No debt collector shall assault, threaten, arrest, or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her.

Nevertheless, at around 10:00 on November 30, 2014, the Defendant entered the house of debtor D, located in Nam-gu Incheon Metropolitan City, and used force on the debtor and related persons in relation to the collection of the claim by avoiding disturbance, such as holding the defective floor where E, who is the former husband of D, intends to take the flabing of the defendant's flab, and making it difficult for the debtor and related persons to use the power.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to E;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.