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(영문) 서울중앙지방법원 2020.11.05 2020고정1614
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

Punishment of the crime

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without justifiable grounds, by reaching a debtor or his/her related person, such as speaking, writing, sound, image, or any other means by phoneing a debt collection, thereby causing fear or apprehension.

On August 19, 2019, the Defendant sent a text message to the obligor B’s mobile phone on August 19, 2019, stating that “Isson’s cell phone “Isson’s day will use so-called “Isman? Isman? Isman? Isman????? Isn’t you will see that Ison? Isn’t you would see that Ison??? Isn’t am?? Isn’t am?? Isn’t am?? Isn’t am??? Isn’t am?? Isn’t am??? I’s am? I’s am? I’s am? I’s am? I’s am? I’s am? I’s am? I’s am? I’s am? I’s am? I’t am? I’s am? I’s am? I’s am?? I? I’s am? I? I’s am?............... I?.

Accordingly, the defendant, in relation to debt collection, repeatedly or at night, sent mobile phone text messages to the husband of B and B, who is the debtor, without any justifiable reason, thereby causing fear or apprehensions and seriously impairing privacy.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B accusation;

1. Application of the Act and subordinate statutes on the list of telephone conversations images and account transaction statement;

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same 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(1) and 69 of the Criminal Act for the detention of a workhouse.

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