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(영문) 인천지방법원 2013.05.10 2012고정4972
채권의공정한추심에관한법률위반
Text

Defendants shall be punished by a fine of KRW 700,000.

If the Defendants did not pay the above fines, 50,000 won.

Reasons

Punishment of the crime

1. No defendant A or C debt collector shall threaten any debtor or his/her related person in connection with debt collection;

At around 07:00 on June 3, 2012, at the home of the victim F (L, 79 years old) located in Bupyeong-gu Incheon Bupyeong-gu E building 106 dong 808 and 79 years old, the Defendants stated that “G is unable to lend money to the Defendants on the ground that the victim’s son did not repay his/her debt to the Defendants,” and that “I wish to do so by finding out why she has paid his/her money, and she has not paid her money, or not paid her money, until he/she has paid her money, and you will do so.”

As a result, the Defendants conspired to threaten the victim, who is a relative of the debtor, in relation to debt collection.

2. No debt collector shall engage in any conduct that seriously undermines privacy by repeatedly demanding any person, other than a debtor, who is not legally obligated to repay a debt in connection with debt collection, to repay a debt on behalf of the debtor, thereby inducing fear or apprehension.

At around 10:42 on June 18, 2012, the Defendant: (a) demanded repayment of the obligation between June 29, 2012 and June 29, 2012, including: (b) the Defendant: (c) the victim F’s cell phone phone phone on the ground that the said G does not repay the Defendant’s husband’s debt; and (d) the Defendant demanded repayment of the obligation as described in the attached list of crimes, such as “BA’s wife, she is able to collect money, and live in Korea with escape; and (d) he/she requests repayment of money instead, and he/she has paid the money.”

As a result, the Defendant repeatedly demanded a victim, other than a debtor who does not have any legal obligation to repay his/her obligation on behalf of the debtor to pay his/her obligation, thereby inducing fear or apprehensions, thereby seriously impairing the peace of privacy.

(i) the evidence;

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