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(영문) 부산지방법원 2014.02.03 2013고정2977
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In collecting claims under a loan agreement, the methods of seriously impairing privacy or peace in business shall not be used by means of violence or intimidation or by inducing fear and apprehension of debtors or their related persons.

1. Nevertheless, the Defendant requested debt collection from the above C for the failure of B to repay the obligation of KRW 176 million to C, and on May 17, 201, from the French area of Busan to B, the Defendant made a claim collection request from the above C, and on the phone, from May 17, 2011 to B, “I am well-known apartment flusium, I am flusium, I am flusium, I am flusium, I am flusium, I am flusium, I am flusium, I am flusium, I am am flusium, and I am amflusium, I amflusium, I am amflusium, I amflusium, I amflusium, I amflusium, I amflusium, and I amflusium.”

2. In collusion with D, the Defendant, within the “Franc shop” located in Nam-gu Incheon Metropolitan City, Nam-gu, 201, threatened Defendant A with D, by threatening Defendant A to “I will die if I will pay back the money of the Party?” and Defendant D threatened the debtor, “I will am flickly and well flickly flickly flickly flickly flick, I will do so.”

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Examination protocol of police suspect regarding D;

1. Each police statement concerning G and B;

1. Application of the Act and subordinate statutes to C of the police statement

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

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

1. Articles 70 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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