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(영문) 서울서부지방법원 2013.12.12 2013고정1406
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant was working for a lending company of Eunpyeong-gu Seoul Metropolitan Government 401 4th 4th 401, and was in charge of debt collection for debtor F.

No debt collector shall commit any act seriously disturbing privacy or peace in business by repeatedly demanding any person, other than a debtor, who does not have any legal obligation to repay a debt on behalf of a debtor to arouse fear or apprehension.

Nevertheless, from January 2010 to April 201 of the same year, the Defendant demanded G, a debtor F, to “E” office, to “I can see the husband’s personal affairs because she is a public official,” and to pay off the debt repeatedly over several times, such as talking that “I have to pay off the unpaid money.”

As a result, the defendant repeatedly demanded a person other than the debtor to repay his/her debt on behalf of the debtor and caused fear or apprehension.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes as a result of each case search

1. Article 15 (2) 1 of the Act on the Fair Debt Collection Practices and Articles 15 (2) 6 of the same Act concerning facts constituting an offense;

1. The defendant and his/her defense counsel's assertion on the defendant and his/her defense counsel under Articles 70 and 69 (2) of the Criminal Act asserted that G only paid an agreed amount after having reached an agreement on the amount of repayment as the representative of F, the debtor, and that G did not demand G to pay his/her debt and caused fear or apprehension.

However, according to the above evidence, F, the debtor, expressed that he/she had no intent to repay his/her claim to E, and had been pending in the lawsuit on the above claim between the above company and F, around January 12, 2010.

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