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(영문) 수원지방법원 2019.01.11 2018고정884
편지개봉등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant had lent approximately KRW 400 million to B from springing around 2014 to around 2017, but had not been repaid, and had been able to demand reimbursement to C (here, 34 years of age) who was a female-child Gu in B.

On October 2017, the Defendant collected the victim’s house located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and included a page in which the victim’s house mail demands the victim to pay money from the Defendant. From December 27, 2017 to December 27, 2017, the Defendant requested the non-debtor to pay money on six occasions, as indicated in the list of crimes in the attached Table, and caused apprehensions and peace in privacy.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police investigation report (Investigation ofCCTV);

1. Reference materials, referring to the residence of the victim: The defendant, who was referring to the time when the victim was residing in the area of the victim: three copies of the recording book, recorded CD [the defendant only tried to resolve the issue of debt with B by drinking the victim, and there was no demand for reimbursement to the victim. However, according to the evidence above, the defendant's dialogue from October 2017 to December 2017, taking full account of the following: (a) the contents of the conversation between the defendant and the victim from October 2017 to around December 2017; (b) the behavior, frequency of contact between the defendant and the victim; (c) the time when the defendant found the victim or sent the victim by telephone; (d) the timing, frequency, and contents of the entry; and (e) the relationship between the defendant and the victim, it is sufficiently recognized that the defendant requested the victim, who is not the debtor, and caused apprehension and harm to the privacy of the victim. Therefore, the above assertion is not accepted.]

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 6 of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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