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(영문) 수원지방법원안산지원 2020.08.13 2020고정219
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No debt collector shall assault, threaten, arrest or detain a debtor for debt collection, or use a deceptive scheme or force against the debtor.

Nevertheless, at around 18:30 on October 4, 2019, the Defendant and B found in the E office operated by the victim D, the Defendant paid the money that he lent to the victim, and the Defendant is able to receive advance payment when he gets on board the ship (unsea fishing vessel). The Defendant threatens to the effect that “I would like to take the flive fishing vessel relationship and take the flive photograph when I want to take the flive fishing vessel relationship,” and that “B would have a private person take the flive photograph and take the flive photograph when I want to take the flive fishing vessel relationship.” The Defendant signed the victim’s photograph and affixed the victim’s photograph to the effect that “I would have to get any other money?”

Accordingly, the defendant and B conspired with each other to threaten the victim to be forced to work in the deep-sea fishing vessel if the victim did not pay the money for debt collection.

Summary of Evidence

1. The suspect interrogation protocol of the police as to the defendant B's court statement;

1. Application of Acts and subordinate statutes to recording recording of the police statement of D (on-site photographs attached) investigation records (on-site photographs);

1. Article 15 (1) and subparagraph 2 of Article 9 of the Act on the Fair Debt Collection Practices, Article 30 of the Criminal Act, the choice of fines, and Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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