The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Ex officio determination

A. This part of the facts charged (the part on violation of the Fair Collection of Claims against E) is a person who takes charge of collection of claims with delegation of collection of KRW 6 million for light-water storage devices supplied to E while working as a management director of D operated by C.

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without justifiable grounds, by reaching a debtor or his/her related person, such as speaking, writing, sound, image, or any other means by phoneing a debt collection, thereby causing fear or apprehension.

On May 10, 2013, the Defendant sent the same postal item three times from May 2, 2013 to E’s house located in Dongdaemun-gu Seoul Metropolitan Government, such as sending a postal item containing the content of “e-mail” (i.e., “Le-We-We-We-We-We-We-We-We-We-We-We-We-We-We-We-We-We-We-We-We-We-Wer]

Accordingly, the Defendant committed an act that seriously undermines privacy or peace in business by repeatedly delivering letters, articles, etc. to the related parties of the obligor without any justifiable reason, thereby inducing fear or apprehension.

B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence as stated in the lower judgment’s reasoning.

C. (1) Article 15(2)1 and Article 9 subparag. 3 of the former Act on the Fair Debt Collection Practices (amended by Act No. 12594, May 20, 2014) provide that debt collectors shall repeatedly or at night call in connection with debt collection without justifiable grounds, and make words, letters, sound, images, or articles reach the debtor or his/her related person.