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(영문) 서울동부지방법원 2017.04.26 2016고단3929
채권의공정한추심에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a steering car of the victim C (60 years). From September 2013 to October 2013, the Defendant lent a sum of KRW 30 million to the victim on three occasions, and is in the relationship of claims and obligations with the victim, and the obligor or his/her related person shall not assault, threaten, arrest or detain the obligor or his/her related person, or use a deceptive scheme or force to collect the claim.

1. On May 8, 2014, the Defendant found D Apartment 203 Dong 1502 at the victim’s house located in Gwangjin-gu, Seoul Special Metropolitan City around May 8, 2014, and thereby “hacks that he does not receive a telephone without having repaid it.”

“A threat of force may be exercised in such a way as to cover sound, to frighten the victim’s drinking, to frighten the victim, to fright the hacker pipe using his clothes, to fright the hack, to fright the hack, and to damage the wall several times, and to continuously spread the victim’s face without having repaid the money.

It is intended to find out the appearance of a baby in the workplace of the baby and put the happiness.

“Preparation of a letter of commitment to the repayment of debt by intimidation, and violence and intimidation of the victim of the debt, such as bringing the victim’s know-how, etc., and used his/her power to collect the debt.

2. On May 1, 2015, the Defendant committed an act of collecting claims by assaulting the victim’s back water and vessels on the ground that the victim’s living in front of his/her residence did not repay his/her obligation, on the ground that the victim did not repay his/her obligation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. On-site photographs and written diagnosis of injury (the details of the witness’s statement are consistent and specific;

There is no inconsistency with other evidence, such as field photography photographs and death diagnosis reports.

Although the original relationship with the defendant was very difficult due to the problem of money, the credibility is recognized in light of the legal statement attitude.

Application of Statutes

1. Article 15 (1) and Article 9 of the Fair Debt Collection Practices Act pertaining to facts constituting an offense and the related Act.

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