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(영문) 수원지방법원 안산지원 2016.10.19 2016고정1290
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

A person who engages in security business without a specified affiliated therewith, and a debt collector shall not assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, use a deceptive scheme or force against him/her, and shall not engage in any act which seriously undermines privacy or peace in his/her business by repeatedly or at night delivering words, letters, sound, image, or goods to the debtor or his/her related person without justifiable grounds.

Nevertheless, the Defendant continued to demand payment from March 1, 2016 on the ground that he/she borrowed KRW 15 million to the victim C through Ma-dong B on two occasions, including KRW 10 million on November 10, 2015, and KRW 15 million on November 5, 11, 201, and that he/she did not repay principal and interest;

1. On March 9, 2016, around 20:00, the victim, located in Gwanak-gu, Seoul Special Metropolitan City D, found “E” along with B, and said, “Chosa Haba Haba Haba Haba Haba. Haba Haba Haba Haba Haba Haba Haba. Haba?

2. The victim, at around 23:00 on March 9, 2016, intimidations the victim by telephone, “on a long-term or visual basis, if the victim has no capacity to sell it, duplicating money;”

3. On March 18, 2016, finding with “E” on March 16, 2016, and making it known to “E” as “as soon as possible for the imposition of tax, etc. of tax,” thereby inducing fear;

4. Around 15:00 on April 19, 2016, it was found in the “E”, and “Woo-to-be reported kk k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k kk k k k k k k k k k k k k k k k k k k k k k k k k k.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on recording;

1. Criminal facts;

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