Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

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

The defendant is an employer who has delegated the recovery of approximately KRW 1.3 billion to the above E with claims held by the victim D.

E은 2014. 9. 22. 19:00경 부산 해운대구 F에 있는 위 D가 운영하는 ‘G' 식당에 찾아가 피해자에게 “야이 씨발년아 왜 돈을 갚지 않느냐”고 욕설을 하고, 이에 피해자가 겁을 먹고 같은 건물 1층에 위치한 ‘H’ 커피점으로 피신하였음에도 피해자를 따라가 손바닥을 들어 머리 부위를 때리려는 시늉을 하면서 “씨발년아 빨리 돈 갚아라, 내가 너 하나 어떻게 못 하겠냐” 라고 말하여 피해자를 협박하였다.

Accordingly, E, arising from intimidation of a victim in connection with debt collection, from September 14, 2014 to September 23, 2014, threatened a victim in connection with debt collection over 13 times in total, as shown in the list of crimes in attached Table, and the defendant neglected his duty of care to prevent the above illegal act as an employer in intimidation of victim D while collecting debt by E.

Summary of Evidence

1. Legal statement of D, E, and I;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Proxy, etc.;

1. Recording notes;

1. Application of Acts and subordinate statutes governing telephone lists;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 16, 15 (1), and 91 subparagraph 1 of the Fair Debt Collection Practices Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act is alleged to the effect that the defendant did not neglect his/her duty of care in collecting illegal claims, because he/she is not the user of E.

Top, this Court has duly adopted and completed the investigation.