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(영문) 대전지방법원 2013.05.16 2012노2676
채권의공정한추심에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 200,000.

The above fines are imposed by the Defendants.

Reasons

1. The penalty of KRW 400,000, which the court below rendered, is too unreasonable in light of the substance of the grounds for appeal.

2. We examine the judgment. The crime of this case prevents debt collectors from collecting debt in an unlawful way and human beings of the debtor.

In light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendants' age, character and behavior, environment, motive, means and consequence, etc., the sentence imposed by the court below against the defendants is too unreasonable, since it is acknowledged that the sentence imposed by the defendants is too unreasonable, and the defendants' above assertion is justified. The defendants' assertion is justified. The defendants' assertion is justified. The defendants' assertion is justified. The defendants' assertion is justified. It is so decided as per Disposition by the assent of all participating Justices.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15 (1) and Article 9 subparagraph 1 of the Fair Debt Collection Practices Act, and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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