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(영문) 광주지방법원 순천지원 2013.05.31 2013고정38
채권의공정한추심에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant lent a total of KRW 80,000,000 to C on March 28, 2011, but did not receive KRW 60,000 among them.

No debt collector shall commit any act detrimental seriously to his/her privacy or peace in business by visiting any debtor or his/her related person at night without justifiable grounds to arouse fear or apprehension.

Nevertheless, at around 23:30 at the end of April 2012, the Defendant sought the wife of the victim with debt in the center of the victim E (Nam, 46 years old) in Seo-gu, Seo-gu, Gwangju, Seo-gu, 102, 1102, and avoided disturbance for about 20 minutes through several times, and the Defendant saw the victim out of the above apartment, who tried to continuously obtain and send the Defendant, and saw the victim from the above apartment for about 4 hours until around 03:30 on the following day, and tried to find C, thereby seriously impairing the private life of related persons.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 15 (2) 1 of the Act on the Fair Debt Collection Practices and Articles 15 (2) 2 and 9 subparagraph 2 of the same Article concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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