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(영문) 서울서부지방법원 2013.05.14 2012고단2708
채권의공정한추심에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 26, 2011, the Defendant: (a) transferred 12 million won of monetary claims against the victim D by C; and (b) even if the debt collector was prohibited from threatening the debtor in connection with debt collection, the Defendant threatened the victim in relation to debt collection as follows.

1. On November 201, 201, the Defendant made phone calls to the Defendant, saying, “The Defendant was transferred with the obligation to be repaid by the Party C, which he had to pay to the Party C. The Defendant threatened the Defendant that he did not receive any money before the payment was made to the Party C. The extent of one month.”

2. On December 201, 201, the first police officer threatened the victim, “I received a letter of renunciation of body or made it difficult to ask for any money in return for the victim’s failure to do so. I also threatened the victim, “I will keep the same commitment on the same age.”

3. Around July 28, 2012, using the Defendant’s mobile phone to the victim’s cell phone (E) (1:00 to 5:00 a.m.; 1:00 p.m.; 2:00 p.m.; 2; 2; 2; 2; 2; 1; 2; 3; 3; 3; 3; 1; 2; 3; 3; 1; 2; 3; 1; 3; 1; 2; 2; 4; 4; 2; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 4; 5.0; 5.0; 4; 5.0; 4; 5.0; 5.0; 4; 5.0; 5.

Summary of Evidence

1. Legal statement of witness D;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 15 (1) and subparagraph 1 of Article 9 of the Act on the Fair Debt Collection Practices under the relevant provisions of the Act on Criminal Facts;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The circumstances and circumstances of this case under Article 62(1) of the Criminal Act of the suspended execution.

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