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(영문) 청주지방법원 제천지원 2013.07.25 2012고단340

채권의공정한추심에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. 피고인은 2012. 2. 5. 11:00경 제천시 B에 있는 피해자 C가 운영하는 D여관 안내실에 찾아가 그 곳에서 피해자에게 2011. 10. 20.경 빌려준 500만 원의 변제를 요구하면서 “이 씹 팔년아, 좃 같은 년아”라고 욕설을 하고 피해자의 머리채를 잡아 흔들어 채무자를 폭행하여 채권추심행위를 하였다.

2. At around 12:00 on February 5, 2012, the Defendant: (a) expressed the victim’s desire to repay the aforementioned loan; (b) assaulted the debtor by demanding the victim to pay the loan; and (c) assaulting the victim’s face.

3. On February 18, 2012, from around 19:00 to 19:30 on the same day, the Defendant demanded the said victim to repay the borrowed money, demanded the said victim to return to the guest room while smoking tobacco, and obstructed sound from the corridor, and used the disturbance as a force to avoid debt collection.

4. Around 01:40 on February 19, 2012, the Defendant: (a) visited the said Dratium to demand the said Dratium to repay the above borrowed amount; (b) committed an act that seriously undermines the peace of business by having the said victim visit the debtor at night without justifiable grounds by avoiding disturbance by breaking the disturbance on the front corridor of the guidance room, allowing the victim to resist from the customers accommodated in the guide room; and (c) allowing the victim to resist, thereby causing fear or apprehension.

Summary of Evidence

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

1. Statement C or E in the police interrogation protocol (two times) of the accused;

1. Each police statement concerning C and F;

1. Investigation report (general) - Application of the Act and subordinate statutes on telephone communications and G expert witnesses;

1. Article 15 (1) and subparagraph 1 of Article 9 of the Fair Debt Collection Practices Act (the act of collecting claims by means of violence or threat of force against each debtor) of the relevant criminal facts and the fair collection of claims;