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(영문) 서울중앙지방법원 2018.05.18 2018고정907

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No creditor of claims shall visit persons related to obligations except where he/she seeks to inquire of the contact address, method of identifying the whereabouts of the debtor, etc. for the collection of claims.

Nevertheless, the Defendant lent KRW 250 million to B, but, in order for B to demand repayment to C, the guarantor who did not complete the payment, the Defendant borrowed KRW 250 million to B, the same year as August 4, 2016.

8. 12. On August 2016, 12. Around 2016, C visited the person concerned in relation to his/her obligation by entering a convenience store operated by the Party E with the first floor of the building in Gangnam-gu Seoul, Seoul, demanding C to pay the guarantee money, and by entering H bank branch where the said Party E with the first floor of the building in Dongjak-gu Seoul, Seoul, Seoul, the first floor of the building, work for the Party B, and visiting the person concerned

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement protocol with respect to C;

1. Complaint;

1. Consolidated inquiry of loan companies, copies of certificates, certified copies of each process deed, and photographs of convenience stores;

1. A copy of loan transaction agreement, a copy of the process deed, a copy of promissory note, a certificate, a copy of a certificate, and a copy of a performance statement;

1. Application of Acts and subordinate statutes to each investigation report (to listen to the statement by a police officer called to the scene at the time), investigation report (to listen to the statement by a police officer at the time), investigation report (to listen to the statement by a police officer at the time), and investigation report (to report the results of telephone conversation by I

1. Article 15 (3) 1 of the Act on the Fair Debt Collection Practices and Articles 15 and 8-3 (1) of the same Act concerning facts constituting an offense;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.