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(영문) 창원지방법원 진주지원 2014.10.22 2014고정87

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the creditor of the victim B.

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night delivering words, letters, sound, images, or any other things by phone calls or delivering them to the debtor or his/her related persons without any justifiable ground to arouse fear or apprehension.

Nevertheless, from January 2013 to April 201 of the same year, the Defendant, on the ground that the Defendant did not timely repay the money borrowed by the victim B from January 2013 to April 2013, 153, i.e., “I want to pay the money to the victim, I would like to do so,” thereby causing fears to the victim, thereby seriously impairing privacy and peace in business.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. C’s legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of Suspect's statement of currency);

1. Article 15 (2) 1 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act 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;