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(영문) 수원지방법원 2017.02.10 2016고정2506
채권의공정한추심에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Defendant, C, and D have become aware of the victim E and gambling

The victims borrowed money of KRW 3.5 million from C, KRW 1.6 million from D, and approximately KRW 9 million from Defendant A.

Defendant

A and D shall send letters to the victim in G Mart Megn Park, where the injured party of the 16:40 on June 13, 2016 at G Mart Megn City F, work for the injured party in G Mart Megn City

After having paid money, “on the part of the workplace,” the employer shall lend money to the employer, and shall pay the money.

“If there is no money,” the Loanr shall also be repaid.

The purport of the phrase, “,” led to uneasiness by forcing the victim to prepare the repayment fund for the obligation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol to some police officers against D;

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 subparagraph 2 of Article 9 of the same Act (Selection of Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is highly likely to criticize the Defendant’s violation of the law, and does not place the time to commit a crime, but the victim does not want the Defendant’s punishment, and other factors of sentencing are taken into account in determining the punishment as ordered.

Parts of innocence

1. On June 13, 2016, the Defendant, from around 13:53 to around 18:53 on June 13, 2016, phone calls from the victim’s cell phone over four occasions, resulting in uneasiness by repeatedly phoneing the victim to the victim without justifiable grounds.

2. Article 15(2)2 and Article 9 subparag. 2 of the Fair Debt Collection Practices Act punishs “the act of seriously impairing private life or peace in business by repeatedly or at night, without any justifiable reason, by reaching an obligor or related person, such as speaking, writing, sound, image, or any other things by repeatedly or at night, without any justifiable reason.”

(e).

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