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(영문) 대전지방법원 2013.04.03 2012노2181
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding of facts, the Defendant leaves from the victim

Since there is no fact that the defendant received the Gu, the defendant is innocent.

B. Article 4 of the Fair Debt Collection Practices Act provides that "Except as otherwise provided for in other Acts with respect to debt collection, this Act shall apply." Although the defendant's act does not fall under any subparagraph of Article 9, which is the penal provision of the Fair Debt Collection Practices Act, the court below convicted the defendant by applying the crime of non-compliance with eviction under the Criminal Act, which affected the conclusion of the judgment.

C. The Defendant’s lawful act constitutes a justifiable act, since he visited the victim’s office to collect reasonable debts.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined in the lower court regarding the assertion of mistake of facts are consistently stated that the victim from the first stage of the investigation to the first stage of the investigation demand the Defendant to deliver to the Defendant, and the Defendant also leaves from the victim from the investigation to the court of the lower court.

In full view of the fact that the defendant was led to the confession of the Gu, and the fact that the police officer sent to the site of this case upon receipt of the report also ordered the defendant to leave as to the crime of non-compliance with the eviction, but the defendant continuously refused to leave and arrested the defendant as an offender in the act of committing the crime, the summary of the defendant's eviction

Since it can be recognized that the defendant did not comply with the Gu, the above argument of the defendant is without merit.

B. Regarding the assertion of misapprehension of legal principles, Article 4 of the Fair Debt Collection Practices Act provides for claims collection in relation to other Acts, except as otherwise provided in other Acts.

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