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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are merely a visit to the victim’s residence to receive money by lending 2.70,000 won to the victim’s father (C) and such contact was not made. The court below did not err by misunderstanding of facts or by misunderstanding of legal principles, which affected the conclusion of the judgment, although there was no act of seriously impairing the privacy of the victim by inducing fear or apprehension as stated in the facts charged in this case.
B. The sentence imposed by the lower court on the Defendant of unreasonable sentencing (2 million won) is too unreasonable.
2. Determination
(a) 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 9:0 p.m. to 8:0 a.m. on the following day) without justifiable grounds to arouse fear or apprehension;
Around 22:00 on October 12, 2014, the Defendant found the house of Victim F, the mother of the Victim, who is the victim, in the case of C, in Busan Northern apartment 103 dong 603 dong 603 around 22:0 on October 12, 2014, and thereby, “C has lent KRW 270,00 to the victim. As to what the Defendant filed a complaint with the police, C’s resident registration number may be known to the police,” and the Defendant made a sound to “the victim would be resolved by two”, and “D would not speak that it is false if it is hidden in the house.”
Accordingly, the defendant conspired with D to visit the victim at night, thereby causing fears or apprehensions, thereby seriously impairing privacy.
B. The lower court found the Defendant guilty of the instant facts charged based on the evidence in its judgment.
However, we cannot agree with the above judgment of the court below which convicted the defendant for the following reasons.
C. (1) Relevant legal principles.