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(영문) 대전지방법원 2013.04.12 2012고정2613
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.

Reasons

Punishment of the crime

The Defendant is a creditor who lent KRW 5 million to C from March 2012 to September 2012.

No debt collector shall assault, threaten, arrest, or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her.

Nevertheless, at around 22:00 on October 3, 2012, the Defendant found C with D main points in Daejeon Seo-gu, Daejeon, and returned to C from October 4, 2012 to October 00, 2012, the Defendant: (a) brought C with his car; and (b) brought C with his shoulder and part of C with drinking alcohol three times at a time while stopping at the Seosung-gu, Daejeon Empt; (c) brought C with his shoulder and part of C with drinking alcohol on three occasions; and (d) brought C with his shoulder and part of C with drinking alcohol on one occasion from the Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-gu, Daejeon, the obligor at the time in relation to the Defendant’s assault and bucking of drinking alcohol from the Seo-gu, Daejeon to drinking, and the debt collection.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The witness C’s statement from the investigative agency to this court is specifically and consistently reliable.

Application of Statutes

1. Article 15 (1) and Article 9 (1) of the Act on the Fair Debt Collection Practices and Relevant Provisions of applicable Acts to 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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