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Defendant shall be punished by a fine not exceeding one million won.
Where the above fine is not paid, one million won shall be converted into one day.
Reasons
Punishment of the crime
1. The creditor of the claim is prohibited from threatening the debtor in connection with the collection of the claim, using a deceptive scheme or force against the debtor, and the defendant is the creditor of the claim who borrowed the victim C 15 million won and has not received the repayment.
On July 31, 2015, the Defendant called the victim on the ground that the victim did not repay the principal and interest to the Defendant at a non-fluorous place, and sent the victim a phone call or text messages five times from around the time of intimidation to August 20, 2015, stating in the list of crimes attached hereto.
In other words, the victim was threatened.
2. No person collecting claims shall visit persons related to his/her obligations or have them deliver words, letters, sound, image, or things to persons concerned, except where he/she seeks advice from such persons for the collection of claims, such as the method by which the whereabouts, contact numbers, or whereabouts of the debtor can be known.
A. Whether the Defendant, around August 3, 2015, found the mother’s house of the victim of Gyeongbuk-gun D and repaid the money to the Defendant that he/she had borrowed KRW 15 million.
The mother of the victim in relation to his/her obligation was visited by the word "...."
B. On August 17, 2015, the Defendant sought the mother’s house before the victim’s mother on August 17, 2015, and then “I will complete the payment of 15 million won to I have lent her money.”
The mother of the victim in relation to his/her obligation was visited by the word "...."
Summary of Evidence
1. The defendant's second oral statement;
1. Statement made to C;
1. Application of Acts and subordinate statutes to a criminal investigation report (as to the attachment of recording notes), a criminal investigation report ( as to the attachment of photographs showing text messages), and a criminal investigation report (as to the confirmation of suspect's statement);
1. Article 15 (1) and Article 9 of the Fair Debt Collection Practices Act pertaining to facts constituting an offense and the related Act.