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(영문) 수원지방법원 2019.09.05 2019고정970

채권의공정한추심에관한법률위반

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A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the creditor who lent 8 million won to the victim B, and the victim C is the husband of the victim B.

No person who intends to debt collection shall assault, threaten, arrest, or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her.

Nevertheless, at around 23:00 on April 10, 2019, the Defendant found the victims' residence in Suwon-gu, Suwon-gu, Suwon-si, and took a heavy bath on the ground that the victims were paid KRW 700,000,000,000,000, which was agreed upon by the victim B, and collected the entrance door of the above residence, and the victim C borrowed money from the victim as a principal plan to open the door, and collected the victims from the victims to pay the money, and the victims “cirs, dys, and dysiums,” and dysing the fys of the victim C, which was placed on the floor, with the victim’s hand, and the victim’s hallway was tight at the floor and the entrance.

Accordingly, the defendant exercised his power over 30 minutes in relation to debt collection.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of investigation reports, damaged photographs, and statutes on site photographs;

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

1. Articles 70 (1) 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;