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(영문) 의정부지방법원 2014.02.07 2013노1891
채권의공정한추심에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Fair Collection of Claim for misunderstanding of misunderstanding of Facts, the judgment of the court below which found the defendant guilty of each of the charges of this case is erroneous in misunderstanding of facts, inasmuch as the defendant made the statement with A, but he did not threaten D and G, and in relation to the injury, the defendant only 2 times the victim's knick with his hand alone, and did not drinking it.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to evidence duly admitted and investigated by the lower court on the part of the violation of the Fair Collection of Claims Act: (i) around March 30, 2012, A agreed to obtain assignment of claims equivalent to KRW 32 million that J et al. possessed with D; (ii) the Defendant laid off D’s house on April 5, 2012 with D and asked D to find off D’s wife where the Defendant did not pay the above claims by April 11, 2012 (Evidence 74, 229 of the evidence record); and (iii) the Defendant also tried to find out the above fact that D’s office was used to contact D with D without any other evidence (Evidence 244); and (iv) the Defendant had no contact with D’s husband at the time of having not paid the above claims (Evidence 1, 2016).

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