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(영문) 서울북부지방법원 2018.11.30 2018노947
채권의공정한추심에관한법률위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the grounds for appeal is that the defendant is the victim who was a Bosing fraud from B, the debtor, and the debtor is to pay the money obtained by deceit.

On the other hand, the promise sent a text message to the effect that the debtor's location was known to D in order to find the debtor because the defendant was divingd without contact.

Nevertheless, the court below erred by misapprehending the facts charged.

2. Determination

A. The summary of the facts charged is a person who holds a claim for a monetary loan against the debtor B.

No creditor of claims shall visit persons related to obligations or allow persons concerned to reach sound, image, or articles, except where he/she seeks to inquire of the debtor's location, contact, method of identifying the debtor's location, contact, or location, for the collection of claims.

Nevertheless, on August 15, 2017, on the ground that B, the debtor, continues to possess himself at a non-displace on August 15, 2017, the Defendant: (a) was unable to change “E” to B’s mobile phone (C) for fraud; (b)

It is necessary to change the phone call from the boomed booming to the booming fraud due to the damage.

By transmitting the text message ".... I want to know about the debtor's obligation according to the time of the home-to-day school of the State..", I sent the text message to the related persons of the debtor.

B. The lower court determined that the Defendant violated Article 8-2(1) of the Fair Debt Collection Practices Act (hereinafter “Credit Collection Act”), since the Defendant’s text message sent to D contains the obligor’s wrongness and thus, it is difficult to see that the obligor’s location, etc. is attributable because it is difficult to view it as asking for the obligor’s liability.

The decision was determined.

(c)

In Article 8-3 (1) of the Act on Collection of Claim for Deliberation, "A person who collects claims shall collect claims."

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