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(영문) 수원지방법원 성남지원 2013.05.31 2013고정793
채권의공정한추심에관한법률위반교사
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No debt collector shall commit any act that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, by causing fear or apprehensions by sending words, letters, sound, images, or goods to debtors or their related persons.

On April 2012, the Defendant: (a) paid 110,000 won per day to I at H restaurant operated by the Defendant in Hanam-si, Hannam-si; (b) had the Defendant send letters to the victim in relation to the collection of the Defendant’s loan claim amounting to KRW 10,000,000,000 to J on June 20, 201; or (c) had the victim undergo a demonstration in the vicinity of the victim’s domicile.

From April 28, 2012 to May 2, 2012, the Defendant instigated I to commit an act that seriously undermines the privacy and peace of business by inducing the victim to feel uneasiness in the same way as the attached crime list, without justifiable grounds, in connection with debt collection.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement to J and the application of Acts and subordinate statutes;

1. Article 15 (2) 1 and subparagraph 3 of Article 9 of the Act on the Fair Debt Collection Practices, Article 31 (1) of the Criminal Act concerning facts constituting an offense, and Article 15 (2) 3 of the same Act: Selection of fines;

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;

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