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(영문) 부산지방법원 2015.07.16 2015고정969
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by visiting any debtor or his/her related person at night (from nine o'clock to eight o'clock the following day) without justifiable grounds to arouse fear or apprehension.

Around 22:00 on October 12, 2014, the Defendant found the house of Victim F, the mother of the Victim, who is the victim, in the case of C, in Busan Northern apartment 103 dong 603 dong 603 around 22:0 on October 12, 2014, and thereby, “C has lent KRW 270,00 to the victim. As to what the Defendant filed a complaint with the police, C’s resident registration number may be known to the police,” and the Defendant made a sound to “the victim would be resolved by two”, and “D would not speak that it is false if it is hidden in the house.”

Accordingly, the defendant conspired with D to visit the victim at night, thereby causing fears or apprehensions, thereby seriously impairing privacy.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 15(2)1 and Article 9 subparag. 2 of the Act on the Fair Debt Collection Practices (Amended by Act No. 12594, May 20, 2014); Article 30 of the Criminal Act concerning criminal facts;

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. Consideration that the degree of harm to the privacy by visiting the victim of the reason for sentencing cannot be deemed to be negligible, such as the defendant's continued denial of his/her crime, etc.

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