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(영문) 인천지방법원 2013.11.22 2013고정328

채권의공정한추심에관한법률위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant lent KRW 13 million to the Victim C’s mother as the victim’s marriage fund. However, as the obligor D did not fully repay KRW 8 million among them, the Defendant had been able to recover the victim’s wife’s damage.

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without justifiable grounds, visiting a debtor or his/her related person, or reaching a debtor or his/her related person by speaking, writing, sound, image, or goods, such as telephone, etc., thereby inducing fear or apprehension.

Nevertheless, on August 23, 2011, the Defendant visited F Teaching Institutes located in Seocheon-gu, Seocheon-gu E, with his son around 10 times from August 201 to October 201, and thereby doing harm to the peace of business by inducing fears and apprehensions of the victim by preventing the victim from operating a private teaching institute under normal conditions by visiting about 10 times the said F Teaching Institutes office with his son and students at large interest, and having him not repaid the money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, G and H;

1. The police statement concerning G;

1. A H statement;

1. The application of Acts and subordinate statutes to a full statement of transactions of entry, a copy of each letter, a content certification, a record, a copy of a promissory note, or a copy of a cash storage;

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

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

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