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(영문) 서울중앙지방법원 2016.06.22 2016고정1245
채권의공정한추심에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has a claim of KRW 30 million against the victim C.

No creditor of a claim shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, reaching a debtor or his/her related person, such as speaking, writing, sound, image, or any other things by phone calls, in connection with the collection of the claim.

The Defendant is not obliged to pay the amount of money to the victim’s home phone (E) and cellular phone (F) between January 10:39, 2015 to April 18:59, 2015.

The phrase, “,” etc., sent a total of 36 times of age, thereby causing fears or apprehensions to the victim, thereby seriously impairing privacy or peace in business.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes requesting the provision of telephone lists, photographs and data verifying communications;

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act and Article 9 of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

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

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