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(영문) 청주지방법원 2020.05.28 2020고정27
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by visiting any debtor or his/her related person at night (from nine p.m. to eight a.m. on the following day) without justifiable grounds, in connection with debt collection.

1. On September 21, 2019, at around 23:10, the Defendant, a debt collector, committed an act that seriously undermines the peace of private life by inducing fear or apprehensions to the victim by holding about 10 minutes the front door of the victim, who is a debtor in the Cheongju-si, U.S., Cheongju-si, Cheongju-si, with approximately 10 minutes of the victim’s view, and “I will open the lab lab lab lab and the labbb lab lab lab lab, which is the lab lab lab lab lab.”

2. Around 00:00 on October 4, 2019, the Defendant committed an act that seriously undermines the peace of private life by inducing fears or apprehensions to the victim, such as: (a) putting the victim’s front door door, and referring to “I shall be subject to the punishment of fabbbbbing the fabro far fabb.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A certificate of borrowing;

1. Application of Acts and subordinate statutes to 112 reported case handling lists and report internal investigation affairs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act does not have the same criminal record for the defendant, and the defendant, considering the victim's position, appears to have reached the crime of this case without considering the victim's motive or circumstance. However, there are some circumstances to take into account the motive or circumstance of the crime, and all other circumstances that form the condition for sentencing, such as the defendant's age, character and behavior, and environment.

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