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(영문) 서울중앙지방법원 2021.03.23 2021고정142
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who collects claims repeatedly or at night shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night calls in connection with the collection of claims without justifiable grounds, or by reaching the debtor or his/her related persons any other means, such as speaking, writing, sound, image, or goods, in connection with the collection of claims;

Nevertheless, on February 27, 2020, the Defendant sent to the victim B a written message stating “I will know you will know you will come to his own debt with his mobile phone until Saturdays,” and from that time, up to seven times from June 5, 2020 until June 5, 2020, the Defendant sent to the victim B a letter of “I will know you will come to the victim during the night without any justifiable reason in relation to the collection of claims, such as the time table (1) of the crime list, thereby causing fear or apprehension.

2. No person who collects a claim by intimidation shall assault, threaten, arrest or detain a debtor or his/her related persons in connection with the collection of the claim, or use a deceptive scheme or force against him/her;

Nevertheless, on February 27, 2020, the Defendant sent and threatened the victim B with a written message stating, “I wish to see why C would be frighting from her own debt with mobile phone,” and then threatened the victim B, who is the victim B and the person concerned, with the obligation related to the collection of the credit, from March 8, 2020 to March 11:12, 2020.

To the extent that there is no substantial disadvantage to the defendant's defense, this part of the criminal facts and the list of crimes (2) were corrected ex officio.

Summary of Evidence

1. Statement by the defendant in court;

1. B The text of the document printed out text messages in the police statement protocol against B, and the application of the text of the judgment.

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