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(영문) 부산지방법원 동부지원 2015.06.01 2015고정25
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No debt collector shall assault, threaten, arrest, or detain any debtor or his/her related person, or use any deceptive scheme or force against him/her in connection with debt collection.

On December 2, 2011, the Defendant lent KRW 1 million to B, a police officer of the Eastern Vessel.

On July 1, 2014, the Defendant: (a) delegated the collection of the claim of KRW 5 million to the victim C (n, 52 years of age) of B on the ground of repayment of the loan claim; and (b) sent a text message to the victim’s cell phone (D) around August 10, 2014, stating that “If the victim’s cell phone (D) fails to pay in full five million won by August 10, 2014, the Defendant interviewed her husband E and opened all materials; and (c) he/she is expected to visit her workplace. When submitting letters, letters, and telephone recordings according to the loan obligation without any loan certificate to the court, the Defendant sent a text message, such as “I will not know in advance that any damage may not be inevitably protected to receive the payment of the debt.”

Accordingly, the defendant threatened the victim, who is the debtor, in relation to debt collection.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused prepared by the police;

1. Statement of statement C prepared by the police;

1. Application of each Act or subordinate statute mentioned in the screen (Evidence No. 15), power of attorney (Evidence No. 39 pages) after cutting a text message;

1. Article 15 (1) of the Act on the Fair Debt Collection Practices and Articles 15 (1) and 9 subparagraph 1 of the same Article concerning facts constituting an offense;

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;

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