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(영문) 대구지방법원 2013.12.20 2012노3742

채권의공정한추심에관한법률위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal (defendants) No. 1 of the judgment of the court below, as to the facts constituting the crime set forth in paragraph (A) of the judgment of the court below, D has completed its work at the latest as the main place of the Chinese restaurant, D's wife F is the visually impaired, D's wife F is the visually disabled, and F's withdrawal from D's office was requested to the Defendants, such as D's withdrawal. At the time, the Defendants were the same as D's house. At the time, F had an atmosphere that the defendants' visit was defective, and the Defendants had been asked to D.

With respect to the crime of the first b of the judgment of the court below, F does not inform D of the living cost. It is clear that D is responsible for the failure of D to repay its debts to the Defendants. There is a reason why D notified the Chinese restaurant where D works are performed and urged D to find it as soon as possible, and there is no fact that the Defendants expressed a desire to D as the above crime.

With respect to the facts of the crime of Paragraph 2 of the judgment below, Defendant B introduced beauty rooms as it is expected that Defendant B will do cosmetic-related books rather than work at a drinking house, and the J himself also consented, and it does not introduce beauty rooms for the purpose of collecting debt instead of D like the above facts of the crime.

Nevertheless, the court below found all of the charges of this case guilty. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The lower court determined that all of the facts charged of this case was guilty on the ground of the evidence indicated in its judgment.

B. The following circumstances acknowledged by the evidence duly admitted and adopted by the court below, namely, ① the Defendants did not have any special relationship with D’s wife or his/her dependent, and the Defendants came to know for the repayment of the Defendant A’s debt to D. In light of the relationship with the Defendants, the Defendants are the Defendants to F or his/her wife, or to J, his/her wife.