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(영문) 대구지방법원 2012.12.28 2012고정3609
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operates a lending company registered with the trade name of Gyeonggi-si B, and lends a total of KRW 20,150,000 to C from October 14, 201 to February 9, 2012.

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.

Nevertheless, on January 2, 2012, at around 12:12, the Defendant urged C to repay debts, and from around that time to around 17:5 on March 15, 2012, the Defendant called C’s cellular phone to urge C to repeatedly repay debts over 268 times from that time. On April 2, 2012, the Defendant left a letter of urging C’s house located in Youngcheon-si D to urge C to repay debts.

As a result, the Defendant, a debt collector, repeatedly delivered words and comments related to debt collection to the obligor C without any justifiable reason, thereby causing fear or apprehensions, thereby seriously impairing the peace of privacy.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C;

1. Details of loans;

1. Application of Chapter 1 of Letters to Acts and subordinate statutes;

1. Article 15 (2) 1 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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