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(영문) 서울동부지방법원 2015.04.09 2014노1605
채권의공정한추심에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant did not have seriously harmed the peace of privacy by means of abusive language or intimidation when making a phone call to E, and did not have intimidation or assault K.

B. The lower court found the Defendant guilty of this part of the facts charged, on the ground that the Defendant received documents related to the sale of a motor vehicle from E for the purpose of collateral security, disposed of the said motor vehicle to a third party by exercising the security right, and did not bear the duty of transfer of ownership under the

2. Determination

A. (1) Determination of misunderstanding of facts is based on the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim E, from the investigative agency to the court of the court below, that the victim’s statement was consistent and credibility in important parts, such as the specific contents of conversation, and the reasons why dialogue was exchanged. (2) The victim’s statement is consistent and credibility in the attached list of crimes committed by the court below.

1. In light of the fact that each currency was made repeatedly during a short time of two days, and all the currency recorded in the list of crimes was made at night after 21:00, etc., the defendant can be recognized that the victim E repeatedly calls to the victim E at night, such as the facts charged, thereby causing fear or apprehensions, thereby seriously impairing the privacy of the victim. Thus, the defendant's assertion related thereto is without merit.

(2) The statements of the victim K and witness N lawfully adopted and investigated by the court below as a violation of the Fair Debt Collection Practices Act against the victim K cannot be seen without direct experience.

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