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(영문) 대구지방법원 포항지원 2019.10.10 2019고정149
채권의공정한추심에관한법률위반
Text

The sentence against the accused shall be 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 16, 2018, the Defendant was sentenced to imprisonment with prison labor for four months as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment was finalized on August 24, 2018.

The Defendant is a creditor who lent KRW 15 million to B’s spouse C around June 8, 2018.

No debt collector shall visit an interested person in connection with a debt or cause him/her to deliver words, letters, sound, image, or articles to the interested person, except where he/she asks the interested person about the debt, his/her contact address, method of identifying the debtor's location, contact information

Nevertheless, on August 15, 2018, the Defendant sent to the above B text messages related to the debt of the said C, “C” and “B”, and demanded the said B to pay the said C’s debt by telephone, in order to urge the payment of the said C’s debt at a place where the location is unknown.

Accordingly, the Defendant sent verbal, sound, image, or things to the related person in relation to the obligation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details, recording, and details of financial transactions of text messages;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 15 (3) 1 and Article 8-3 (1) of the Act on the Fair Debt Collection Practices concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;

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