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(영문) 창원지방법원 진주지원 2014.11.20 2014고정161

채권의공정한추심에관한법률위반

Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. Defendant A is the head of Solomon Credit Information D branch office, whose main business is debt collection.

On June 21, 2013, around 09:30, the Defendant found the “GYE” office operated by the Victim F in Sacheon-si, Sacheon-si, and demanded the Defendant to set up a banner if H did not repay the debt of KRW 5 million lent to the said victim, and demand the Defendant to pay the debt.

Accordingly, the defendant threatened the victim, who is the debtor, in relation to debt collection.

2. Defendant B is the head of Solomon Credit Information D branch whose main business is debt collection.

On October 18, 2013, from around 19:26 to around 19:40 on the same day, the Defendant used a cell phone (K) of the workplace rent such as I and II solomon Credit Information Co., Ltd. with a total of 17 times the victim F's cell phone (L) with the victim F's cell phone (K) with a total of 17 times the status, and requested the Defendant to pay the debt.

As a result, the defendant repeatedly called the victim and expressed a desire to cause fears and apprehensions to the victim, thereby seriously impairing the peace of privacy.

Summary of Evidence

【Fact 1 - Defendant A】

1. The defendant A's partial statement

1. Legal statement of witness F;

1. Statement made by the police of the F;

1. An investigation report (a letter of delegation and a business registration certificate) (the fact of No. 2 at the time of sale-Defendant B);

1. Defendant B’s partial statement

1. Legal statement of witness F;

1. Statement made by the police of the F;

1. Recording records;

1. Application of Acts and subordinate statutes to investigation reports (a letter of delegation and business registration certificate);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 15(1) and 9 subparag. 1 of the Fair Debt Collection Practices Act (Selection of Fines);

(b) Defendant B: Articles 15(2)1 and 9 subparag. 3 of the Fair Debt Collection Practices Act (Selection of Fines)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The order of provisional payment;