Text
Defendant
A shall be punished by a fine of KRW 1,500,000.
Defendant
If A does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant
A paid KRW 15 million to the victim E (the 43 years of age) who worked as an employee in the course of operating Ha's Ga in Jeju with Defendant B, but failed to return it. On April 22, 2015, at around 05:00, at the victim's home located in Jeju Island for the purpose of collecting a claim, the Plaintiff visited the victim as a debt manager at night by doing an act such as opening the door several times and opening the door by hand, thereby seriously impairing the peace of privacy by inducing fear and apprehension.
Summary of Evidence
1. Defendant A’s legal statement
1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;
1. A report on investigation (Attachment of photographs of victim mobile phone messages);
1. Application of Acts and subordinate statutes governing recording records;
1. Relevant legal provisions and choice of punishment for facts constituting a crime: Selection of fines under Article 15 (2) 2 and Article 15 (9) 2 of the Fair Debt Collection Practices Act;
1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Provisional Payment Order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:
The favorable circumstances: The facts to be considered in relation to the motive and circumstances of the crime, such as the fact that all facts of the crime are recognized and discussed, the fact that the victim agreed to do so smoothly with the victim, the first offender who does not have any criminal record, the fact that the victim is an employee of the bar bar and borrowed the 15 million won in advance, and the victim appears not to contact with the telephone several times without any help, etc., which led to the occurrence of the crime; circumstances after the crime; the defendant's occupation, sex, age, and family relation;
1. The Defendants in the facts charged paid KRW 15 million to the victims E (the age of 43) who worked as an employee while running the “H” dan in Jeju Island, and did not receive the return thereof.