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(영문) 수원지방법원 성남지원 2013.04.18 2013고정451
채권의공정한추심에관한법률위반
Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant has lent the total of KRW 15 million to C (n, 40 years of age) four times.

1. No debt collector 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;

그럼에도 불구하고 채권추심자인 피고인은 2009. 11. 중순 18:00경 C이 운영하는 성남시 중원구 D 소재 E다방에 찾아가 돈을 갚지 않는다는 이유로 C에게 “너 왜 돈 안 갚냐, 왜 약속을 지키지 않냐, 시발년아, 좆같은년아, 사기꾼 같은 년아”라고 욕을 하였고, C이 그만하라고 하자 “뭘 그만하냐”라 말하면서 테이블에 있던 물컵을 던져 C에게 위력을 사용하였다.

2. On October 30, 201, the Defendant: (a) repeatedly or at night, without justifiable grounds, expressed that C would not pay money from the clerical error in the indictment to the end of June 2012; (b) “I will repeatedly or repeatedly, or at night, with the intent of receiving money from C, without justifiable grounds; (c) “I would like to pay in the same year as the weather year, fraud change; (d) have not been paid; (e) he would not have to pay in return; and (e) he would not leave her to the marier, she would not pay in her face-to-face; and (e) written statements in the attached monetary record; and (e) would cause fear or apprehension to C by correcting clerical error in the indictment 348 times, thereby seriously impairing C’s privacy and peace in business by inducing fear or apprehension.

Summary of Evidence

1. The statement made by C in the police interrogation protocol of the accused;

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 15 (1), Article 9 (1) 1, Article 15 (2) 1, and Article 15 (2) 3 of the Act on the Fair Debt Collection Practices and the Selection of fines, respectively;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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