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(영문) 창원지방법원 2016.01.28 2014고단1516
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Use and Protection of Credit Information Act at the Ulsan District Court on December 26, 201, and the said judgment became final and conclusive on January 3, 2014.

The defendant received a request from C for the collection of claims, and around May 25, 2010, he acquired 20 million won from C to the victim D.

1. No person collecting claims in violation of the Fair Debt Collection Practices Act shall commit any act that seriously undermines peace and dignity by threatening an obligor or his/her related persons in connection with debt collection or demanding any person other than a debtor who has no legal obligation to repay a debt to repay the debt on behalf of a debtor to arouse fear or apprehension;

On Oct. 1, 2009, the Defendant called “A” to the victim E, who is the mother of D, and called “I are the child of I, who is the child of I, and I do not lend 20 million won to I, and even if I do not pay D’s debt instead of D’s debt, I will not be liable even if D’s debt is paid in lieu of D’s debt, and if you do not do so, I will not pay D’s sense of mind, and will not be good in his personal affairs.” If I do not pay his debt on behalf of his father, the Defendant intimidationd his father’s life or body and demanded the victim who does not have a legal obligation to pay his debt.

2. On August 14, 2010, the Defendant attempted to obtain an order to pay KRW 20 million to the Changwon District Court for the payment of 20 million to the victim as if he/she had a claim against the victim, on or around December 11, 2012, even though he/she did not raise an objection to and have attempted to acquire 20 million won.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Investigation report (in case of a complainant);

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