A. The court below acquitted the defendant of this part of the facts charged even though it is sufficiently recognized that the defendant had caused fears or apprehensions to the victim A in light of the fact that the defendant G made a telephone or sent text messages to urge the victim A to repay debts over 78 times in total for 4 months, and that the testimony of the victim A was testimony after the agreement was reached between the defendant and the defendant. The court below acquitted the defendant of this part of the facts charged. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. In light of the fact that the Defendants received a high interest rate for multiple debtors and the loan amount is a large amount of money, the prosecutor sentenced by the lower court against the Defendants (Defendant A: a fine of KRW 4 million; a fine of KRW 10 million; a fine of KRW 20 million for October; a suspended sentence of KRW 2 years; and a fine of KRW 6 million for Defendant G), respectively, sentenced the Defendants A to imprisonment with prison labor for one year and a fine of KRW 5 million; and a fine of KRW 2 years and a fine of KRW 7 million for Defendant G.

It is too unfortunate that it is unfair.

2. Determination

A. As to the assertion of mistake of facts, the debt collector of this part of the facts charged shall not engage in any act that seriously undermines privacy or peace in business by repeatedly or at night, such as speaking, writing, sound, or image, without any justifiable reason, reaching the debtor, thereby inducing fear or apprehension. Nevertheless, Defendant G shall not engage in any act repeatedly or at night against the victim A, who is the debtor, from January 4, 2012 to April 30, 2012, as described in the list of crimes (10) in the attached Form of the judgment of the court below, from the time when the debt collector urged the debtor to pay his/her debt with the mobile phone of the victim A, who is the debtor, and from the time when he/she urged the debtor to pay his/her debt, 78 times in total (a voice call: 39 times in case of voice call, text message: 39 times in case of text message: 29 times without any justifiable reason.