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(영문) 인천지방법원 2016.07.14 2016고정1329

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a creditor who, around May 2015, drawn up a certificate of fairness in lending and borrowing of money around February 24, 2016 on KRW 44,00,000, which was borrowed from the victim B.

No creditor shall engage in any act which seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable ground, by causing fear or apprehensions by sending words, letters, sound, images, or goods to debtors or related persons.

Nevertheless, around 15:51 on February 12, 2016, the Defendant sent the victim’s mobile phone (D) with the victim’s mobile phone (E) on the ground that the victim did not pay the money, and sent the victim’s mobile phone (E) with the victim’s mobile phone, and sent the victim’s mobile phone messages at least 91 times in total, as indicated in the list of crimes, from March 11, 2016 to March 20:03.

Accordingly, the Defendant sent text messages to the victim repeatedly or at night without any justifiable reason in relation to the collection of claims.

The collection of claims was conducted by acts that seriously undermine privacy by inducing fear and apprehensions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the details sent by the victim to the complainant;

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act and Article 9 of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have caused apprehensions in light of the content and frequency of text messages that the Defendant repeatedly arrived at the obligor. However, the Defendant recognized the crime of this case, the victim submitted a written withdrawal of complaint seeking the Defendant’s wife, and the Defendant’s age and age.