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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay a fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
At around 16:00 on October 27, 2015, the Defendant: (a) drafted a certificate of borrowing that “D shall not return to the obligor, prior to the maturity of the certificate of borrowing, on the ground that D, a debtor’s house located in Dongjak-gu Seoul Metropolitan Government, did not repay money to the obligor on the ground that D, a debtor did not repay money to the obligor; (b) “D shall not return to the obligor, prior to the maturity of the certificate of borrowing four million won loaned by D”; and (c) forced D to prepare the certificate of borrowing.”
As a result, the Defendant demanded a person other than the obligor who does not have any legal obligation to repay his/her obligation on behalf of the obligor to perform his/her obligation, thereby causing fear or apprehensions, thereby seriously impairing the peace of privacy.
Summary of Evidence
1. Legal statement of witness D;
1. The police statement of E, C, and D;
1. Application of Acts and subordinate statutes to a copy of each certificate of borrowing (referring to eight pages, sixty-five pages, 112 pages);
1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 6 of the same Act concerning facts constituting an offense, and the selection of fines;
1. Articles 70 (1) 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;
1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;