A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] The Defendant was sentenced to imprisonment with prison labor for a period of three years and six months to the Seoul Northern District Court on July 13, 2012 on the grounds of a violation of the Fair Debt Collection Practices Act, etc., and the said judgment became final and conclusive on July 21, 2012, and is currently under suspended execution.

【Criminal Facts】

No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly speaking, writing, sound, image, or any other means, without justifiable grounds, reaching a debtor or his/her related person, thereby inducing fear or apprehension.

On May 2, 2013, the Defendant called the debtor D at an infinite place, and called “I am out of money,” and called “I am out of the Republic of Korea” from that to September 21, 2013, the Defendant called “I am out of the Republic of Korea” and called “I am out of the Republic of Korea, I am out of the Republic of Korea,” and called “I am out of the Republic of Korea, I am out of the Republic of Korea.”

As a result, the defendant had privacy by repeatedly communicating the debtor or his related person without any justifiable reason, causing fears or apprehensions to them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A record of each receipt and recording;

1. Records before and after judgments: Criminal records, etc., inquiry reports, summary of case agreements, auxiliary meetings, application of court rulings and other statutes;

1. The Defendant committed the instant crime during the period of suspension of execution despite the record of a judgment of suspension of execution, which had been given the reason for sentencing of Article 15(2)1 and Article 9 subparag. 3 of the Act on the Fair Debt Collection (amended by Act No. 1228, Jan. 14, 2014) regarding the relevant criminal facts, even before the punishment was imposed, to urge and threaten the obligor D to discharge their obligations and to inflict bodily injury with dangerous things. The instant crime committed repeatedly against the Defendant.