A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant around October 2009 is the creditor who lent approximately 33 million won to the victim B (n, 69 years of age) around 2009, and the victim is the debtor.

1. Around 19:00 on January 21, 2020, the Defendant entering a residence was entering the c apartment D, an apartment entrance opened to collect the above claim, and the Defendant entered the said apartment entrance through the entrance of the apartment house, and then intruded the stairs before the victim’s house. From that time, from January 29, 2020, the Defendant invadedd the victim’s residence more than six times in total, as indicated in [Attachment Table No. 4,7-11], from January 29, 2020.

2. No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, on January 6, 2020, the Defendant sent a text message to the above B’s mobile phone using a mobile phone at an insular location, stating that “I would like to be deadly killed during the Nworknam War.” From that time, the Defendant used force by sending text messages 11 times in total or by searching for disturbance before the house of B, as shown in the annexed crime list, from that time until 18:50 of the same month, from that time, until 29:50 of the same month.

Accordingly, the defendant threatened the debtor or used force in relation to debt collection.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the statement of the police in relation to the defendant's legal statement B, E, photographic materials (Evidence) of each F, and text messages, respectively, to the 112 Reporting Report List Act;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319(1) of the Criminal Act (the points of intrusion upon residence), Articles 15(1) and 9(1) of the Act on Fair Debt Collection Practices (the point of exercising intimidation and power of debtors), and choice of imprisonment;

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

1. Suspension of execution;