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(영문) 부산지방법원 2017.05.31 2017고정291
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around July 2015, the Defendant lent the victim B a claim of KRW 13 million, and KRW 17 million, around October 2015, to the victim B for a total of KRW 30 million, under the name of office rent, etc.

No creditor of a claim shall engage in any act that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, by reaching a debtor or his/her related person with words, sound, image, or goods, such as telephone, in connection with the collection of the claim.

Nevertheless, on June 29, 2016, the Defendant, using the Defendant’s mobile phone (C) in a non-displace on June 29, 2016 and using the Defendant’s mobile phone (C), shall be identified as the victim’s mobile phone by the end of July 15, 300 following the 300 bonds used by the end of July 300, and shall be arranged.

By June 10, 100,000 won is very heavy.

Upon the notice of summary, I proceed with all civil criminal seizure.

In addition to sending the text message such as “,” the message sent 30 times repeatedly between that time and September 13, 2016, as indicated in the list of offenses.

As a result, the Defendant repeatedly sent text messages to the victim 30 times in total without any justifiable reason in relation to the collection of claims, thereby causing fears or apprehensions to the victim of the debt, thereby seriously impairing privacy and peace in business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on internal investigation by the police;

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act and Article 9 of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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