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(영문) 대전지방법원 2018.05.03 2017고단1024

채권의공정한추심에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On May 28, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daejeon District Court, and two years of probation. On July 8, 2015, the Daejeon District Court sentenced five months of imprisonment for fraud, etc. and completed the execution of the final sentence on July 4, 2016.

[2] The Defendant loaned KRW 2.2 million to G (which was 26 years of age), but failed to receive the payment, and the Defendant’s mother (which was 59 years of age) collected the Defendant’s claim against the Victim H (which was 59 years of age). On October 11, 2016, around 11:53, the Defendant loaned money via the Victim’s cell phone Kakao Stockholm Stockholm via the Victim’s cell phone Stockholm at the Defendant’s residence located in Daejeon-dong, Daejeon-gu I.

It is necessary to find out how much money is lent to her husband's son's son's abortion;

under this title, the Defendant sent the message “NNNYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

As a result, the Defendant committed an act that seriously undermines the peace of privacy by repeatedly sending a mobile phone message to the victim without any justifiable reason in relation to the collection of claims.

Summary of Evidence

1. Statement made by the police with H;

1. Kakao Stockholm messages;

1. Previous convictions indicated in judgment: Investigation report (verification of repeated crimes), personal confinement status, and application of the statutes of the judgment;

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

1. As long as a repeated crime was released before the judgment of sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Aggravation of Sentencing, considering the fact that the crime of this case was committed and the nature of the crime was grave and not agreed with the victim, etc.