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(영문) 창원지방법원 2014.02.04 2013고정1529
채권의공정한추심에관한법률위반
Text

1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

around May 25, 2010, the Defendant acquired a joint and several surety claim against the victim D (a claim secured by a joint and several surety at the time E borrowed KRW 20 million from C on November 2, 2002) from C.

No debt collector shall assault, threaten, arrest, detain, or use deceptive means or force against a debtor or his/her related person in connection with debt collection.

1. On May 7, 2013, at around 17:18, the Defendant applied for a payment order against the victim with respect to the principal and interest of KRW 20 million by phoneing to the victim, and applied for a payment order against the victim with respect to the principal and interest of KRW 20,000,00,000, and then, in order to promptly obtain repayment from the victim, the victim “(or the house of the victim), she went back, and she was bad. Doing so, she is no agreement. No agreement is reached and a final and conclusive judgment is reached, she will drive away from the time of the final and conclusive judgment.” If the victim does not follow the order of the victim’s horse, the Defendant made a fear to the victim or his family members, and threatened the victim.

2. On May 9, 2013, the Defendant called the victim on phone, “(her spouse), telephone number, her head of the victim, her head of the household, her head of the household, her head of the household, and her head of the household, her head of the household, her head of the household, and her head of the household, her head of the household, her head of the household, her head of the household, her head of the household, her head of the household, her head of the household, her head of the household, her head of the household, her head of the household, her head of the household, and her head of the household,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 15 (1) of the Act on the Fair Debt Collection Practices and Article 15 (1) of the same Act concerning facts constituting an offense and subparagraph 1 of Article 9 of the same Act concerning the selection of penalties;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Detention in a workhouse;

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