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Reasons
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(영문) 부산지방법원 동부지원 2012.12.27 2012고정1287
대부업등의등록및금융이용자보호에관한법률위반등
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1. The charge of violating the Fair Collection of Claims Act among the charges of this case is not guilty; 2. The charge of this case is charged.

Reasons

Parts of innocence

1. No debt collector of the facts charged shall inform any person other than a debtor of any false fact;

On September 201, the Defendant: (a) sought the residence of the victim D, who is a debtor in Busan Shipping Daegu, and (b) lent KRW 2 million to the victim as stated in the facts charged in the judgment of acquittal; and (c) received reimbursement of KRW 1090,000,000 from the victim’s husband, the Defendant stated to the effect that “A victim, who is the husband of the victim, has borrowed KRW 3 million and has not paid money.”

Accordingly, the defendant made a false statement about the obligation to a person other than the debtor.

2. Determination

A. According to the witness E and D’s respective legal statements, the fact that the Defendant visited the victim D’s house on September 201 to her husband E and caused KRW 3 million to be lent to her husband E is recognized.

B. However, the following circumstances are revealed by comprehensively taking account of the evidence duly adopted and examined by this court as to whether the above statement made by the defendant constitutes an act of informing the defendant of false facts concerning the obligation, i.e.,: (a) D claims that the defendant paid KRW 1,90,000,000 to the defendant; (b) there is no objective evidence to acknowledge that the defendant paid the amount to the defendant; and (c) the defendant stated that the police should know about the number of days when the defendant paid the amount to the specific D amount; and (b) as for the loan of KRW 2,00,000 from the defendant, D had the obligation to pay KRW 3,00,000 to the defendant on July 2, 2007; and (c) it appears that D had delegated the defendant with a notarial deed stating that "the interest rate and delay interest rate on July 9, 2007 and 30% per annum; and (d) D partially performed the obligation to the defendant; and (d) D visited the defendant for 1 year 201.

I talk about E, such as paragraph,

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