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The defendant shall be innocent.
Reasons
1. A person collecting claims shall not engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without justifiable grounds, calling any speech, writing, sound, image, or other things in connection with the collection of claims by reaching a debtor or his/her related person, thereby inducing fear or apprehension;
Nevertheless, on April 15, 2020, the Defendant 22:11 on the same day from around 22:34 to around 22:34 on the day when the victim C did not pay vehicle repair fees in front of the Defendant’s residence located in Daegu Northern-gu B, Daegu Northern-gu, the Defendant sent a phone to the victim at a total of eight times on the same day, and then sent a text message at around 22:16 on the same day, stating that “on the part of the victim, at a corner, and at a corner, it is difficult for the victim to do so without any justifiable reason.”
In addition, the act of seriously impairing the privacy and peace of business was committed by inducing fear and apprehension of victims.
(a) Determination. The definitions of terms used in Article 2 (Definition) of the Fair Debt Collection Practices Act are as follows:
1. The term "person to collect claims" means any of the following persons:
(a) A credit service provider under the Act on the Registration of Loan Business, etc. and Protection of Financial Users, a loan broker, a person who actually engages in loan business without registration of loan business, a credit financial institution, or a person to whom a claim under a loan agreement has been transferred or re-transfered by the aforementioned persons;
(b) A creditor of money lending and a person who receives transfer or re-transfer of claims from such creditor, other than persons specified in item (a);
(c) A person to whom monetary claims arising from commercial transactions under the Commercial Act have been transferred or re-transfered;
(d)the collection of claims of another person in return for payment in advance or in return for any other economic interest.