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(영문) 의정부지방법원 2018.05.10 2017고정1637
채권의공정한추심에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A around February 20, 2016, a creditor who lent KRW 10 million to the wife of the victim D, and Defendant B was a person who guaranteed that E borrowed the above money.

No creditor shall commit any act that seriously undermines privacy by inducing fear or apprehension by visiting a related person at night.

Nevertheless, around April 18, 2017, the Defendants opened a door door that was not corrected by the second floor of the house located in Namyang-si, the victim's residence, and the Defendant A paid off the victim with money in lieu of the wife's money.

Does he have to pay the money.

"A person who seems to be acting", and the defendant B searched whether there is E in that place.

Accordingly, the Defendants conspired to visit the victim's house at night to cause fear or apprehension, thereby seriously impairing the peace of privacy.

Summary of Evidence

1. Protocols of examination of witnesses regarding D;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Reporting of occurrence and notification to the department related to the report of occurrence;

1. A copy of each cash storage certificate [the defendants acknowledged that they entered the victim's house, but the time when they entered 9 p.m. are transferred to 9 p.m. and that they do not have any desire for the victim.

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., (i) around February 20, 2016, Defendant A lent KRW 10 million to the wife E of the victim and guaranteed by Defendant B at the time, and (ii) sought the victim’s house before he did not repay the money, and requested the victim to prepare a cash custody certificate, and the victim prepared the cash custody certificate; (iii) the Defendants found the victim’s house on the day of the instant case, and entered the victim’s house and opened the door door door at around 22:30. At the time of the instant case, the victim was the victim’s house and entered the house at around 22:30.

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