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(영문) 수원지방법원 2013.07.04 2013노504
채권의공정한추심에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, each sentence against the Defendants (Defendant A: a fine of KRW 1.5 million, Defendant B: a fine of KRW 500,000) by the lower court is too unreasonable.

2. Each of the instant crimes committed by Defendant A, along with Defendant B, was found to be a restaurant operated by the debtor, and exercised power in connection with debt collection. While Defendant A was unable to recover a considerable portion of the money that Defendant A lent to the debtor who had a close-friendly relationship, there is room for consideration in the process of the instant crime. The Defendants were living more than 70 years old, the degree of power of the defendants committed to the debtor during the instant crime is not much much more serious, and the amount of punishment of the defendants is not excessive. Meanwhile, in full view of all the factors indicated in the records and arguments of the instant case, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The pertinent Article of the Act on the Fair Debt Collection and Punishment of Defendant A: Article 15(1) and Article 9 subparag. 1 of the Act on the Fair Debt Collection, Article 30 of the Criminal Act (the occupation of debt collection by force against D, the choice of fines), Article 15(1) and Article 9 subparag. 1 of the Act on the Fair Debt Collection and Recovery (the occupation of debt collection by force againstG, the choice of fines): Claim B.

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