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(영문) 의정부지방법원고양지원 2020.10.15 2020고정505
채권의공정한추심에관한법률위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the wife B, and B was the creditor who lent approximately KRW 50 million to the victim C from October 1, 2013 to April 22, 2014, and the victim had been willing to demand payment for the husband who is the creditor who did not pay part of the debt.

On April 6, 2019, at around 08:10, the Defendant found the victim of D Apartment E and his wife F at the time of Pakistan, and continued to open the door on his/her hand. On April 7, 2019, the Defendant continued to open the door in his/her hand and opened the door in his/her hand on April 7, 2019; around 07:53, the Defendant found the above residence on April 8, 2019, opened the door, opened the door in his/her hand, opened the door, opened the door, sound, and opened the door, and opened the door on April 9, 2019: around 07:45, the Defendant continued to open the door, and sound on April 10, 200:

As a result, the defendant repeatedly visited the debtor or his related person without any justifiable reason to cause fear or apprehension, thereby seriously impairing privacy.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the investigation report (in the case of a complainant, ctv verification prior to the entrance);

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

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

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

1. The fact that the defendant repeatedly committed the crime for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the victim did not receive a letter from the victim is an unfavorable circumstance to the defendant.

However, the defendant seems to have committed any contingent crime because the victim did not pay a long amount of money borrowed for a long time.

The defendant himself.

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