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(영문) 인천지방법원 2014.02.07 2013고정4153
채권의공정한추심에관한법률위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Fair Collection of Claims through Forced Payment of Repayment Funds (the Defendant was adopted to his father and wife, even though he was born with her parents) caused serious complaints to the victim’s attitude during the process of investing in or lending money to the victim B, which was not repaid according to the agreement.

While a debt collector cannot commit an act that seriously undermines the peace of privacy by compelling a debtor to prepare a repayment fund by borrowing money from another person in connection with debt collection, the debt collector shall not commit an act that seriously undermines the peace of privacy by inducing fear or apprehension. However, the defendant, around May 26, 2012, at the defendant's home located in Incheon Dong-gu C, 2305 Dong-gu, 402 (D building), sent the defendant's cell phone number number to the victim's cell phone using the defendant's cell phone, and then, on June 5, 2012, the debt collector sent the victim's cell phone number to the victim's cell phone at around June 14:27, 2012. The debt collector shall be informed of the prior notice of the credit transfer date, "before you go away from the house," and "I can find out the text message "I will not know about the interest of the lawyer," even if I will know about it.

As a result, the defendant forced the victim, who is a debtor, to prepare a repayment fund by borrowing money from another person such as a bond company or parents, thereby causing fear or apprehensions, thereby seriously impairing the peace of privacy.

2. A debt collector who violates the Act on the Fair Collection of Claims through repeated text transmission, and the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. shall have the debtor or related person reach the debtor or related person, by repeatedly or at night, a telephone in connection with debt collection without any justifiable reason;

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