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(영문) 서울중앙지방법원 2017.07.21 2016고정4297
채권의공정한추심에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 1.5 million, Defendant B, and C, respectively, by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No person collecting claims shall openly inform persons other than the debtor of matters concerning the debtor's obligations, such as the amount of the debtor's obligations, the period of default of the debtor's obligations, etc., when many people gather in connection with the debtor's work or business, such as the debtor'

Defendant

A is the representative of corporation E, and Defendant B and C are employees of the above company, and the Defendants conspired to receive the claim by finding the victim F as the victim’s workplace on the ground that the victim F did not make any change even though he had the obligation to guarantee the amount of KRW 50 million to Defendant A.

Defendants are at the entrance of the first floor of the H building in Gangnam-gu Seoul, where the victim is “G”, and (1) on April 28, 2016, “F 50,000 won ga;

G. Of course C fraud and F divers, a type of demonstration consisting of a strawet and a 1 person-in-service demonstration, consisting of (2) the content of “F divers C fraud and F divers.”

5. 4. The type of a demonstration consisting of a francket stating that “F frauds are changed, f.b., f., w. w. w. w. w. w. w. w. w., w. w. w.”

9. A type of demonstration consisting of a frop lab lobb lob,00,000 won, wherein the phrase “F fraud lob lob lob” was used alternately in turn.

As a result, the Defendants jointly known the victim's obligation to a person other than the victim at the entrance of the victim's workplace building where many unspecified people have access.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F and I;

1. Application of Acts and subordinate statutes to filing a complaint and on-site photographs;

1. Article 15 (2) 2 and Article 9 subparagraph 7 of the Fair Debt Collection Practices Act and Article 30 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendants of Article 334(1) of the Criminal Procedure Act are the Defendants of the Criminal Procedure Act.

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