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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant and C jointly committed a marriage relationship between the Defendant and C, and the Defendant and C have a claim of KRW 100 million against the obligor D, and, on the grounds that the Defendant and C have a claim of KRW 100 million against the obligor D, offered to collect
No creditor of a claim shall visit any person related to the obligation or cause him/her to deliver words, letters, sound, image, or articles to the related person, except where he/she seeks to inquire of the debtor's location, contact information, method by which his/her whereabouts can be known, etc. for the collection of the claim.
Nevertheless, around 17:00 on May 16, 2017, the Defendant and C visited the 'G' workplace located in Busan Gangseo-gu Busan Gangseo-gu, demanding E to repay the debtor D's debt, and also visited the above 'G' workplace on 17th of the same month, around 09:27, around 12:00 of the same month, and around 17th of the same month, around 29:00, to collect the debt by the same method.
2. No person to collect claims by a defendant shall assault, threaten, arrest or detain the debtor or his/her related persons in connection with the collection of claims;
Nevertheless, around 12:50 on May 29, 2017, the Defendant threatened E’s life and body injury in the course of demanding the obligor to pay the obligor D’s debt from the Gangseo-gu Busan Gangseo-gu, Busan to the effect that “Woo, fiff, f, sof, f, sof, f, sof, f, f, and f, f, f, f,” the Defendant would have threatened E’s life and body.
Accordingly, the defendant threatened related E in relation to the collection of claims.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the police;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to each investigation report, request for business cooperation, and detailed statement of 112 report and processing;
1. Article 15(3)1 and Article 8-3(1) of the Act on the Fair Debt Collection Practices regarding criminal facts, pertinent legal provisions, and Articles 15(3)1 and 8-3(1) of the Act on the Fair Debt Collection Practices, Article 30 of the Criminal Act (in cases of visits to persons related to debt collection), Articles 15(1) and 9 of the Act on the Fair Debt Collection Practices.