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(영문) 의정부지방법원 고양지원 2017.08.17 2017고정713
채권의공정한추심에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Around December 2015, the Defendant: (a) as a director of the State; (b) around December 2015, the Defendant lent KRW 22,00,000 to the Victim C for the purpose of operating the Company; (c) however, the Victim was unable to make timely payments; and (d) the Defendant, as an employee of the State B, is a creditor of the obligation to collect a claim against the Victim on behalf of (B)B.

No creditor of a claim shall engage in any act that seriously undermines privacy or peace in business by repeatedly or at night, without justifiable grounds, by causing fears or apprehensions by reaching goods, such as telephone, or any other means, sound, or visual image, to a debtor or his/her related person.

Nevertheless, on March 27, 2016, from around August 4, 2016 to around August 4, 2016, the Defendant paid money to the debt holder and repeatedly made several instances of calls, and as a text message, the Defendant embling in the house with the money when he became aware of the ability to raise a new son of a pair of chrons. The Defendant sent a text message containing a bitch bitch bitch, “if he becomes aware of the ability to raise a new bitch of a bitch,” and sent a bitch bitch, “if bitch bitch bitch, bitch bitch bitch, bitch bitch bitch bitch bitch,” and repeatedly sent a text message containing a bitch bitch bitch bitch bitch, and tried to find the victim’s house several times, and walk the door with it, thereby seriously impairing the privacy of the debtor by inducing fear or apprehension in the collection of claims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes on telephone communications and text details;

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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