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(영문) 서울북부지방법원 2018.05.24 2018고정582
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has a monetary lending claim against the debtor B.

No creditor of a claim shall visit an interested person in connection with a debt or cause him/her to deliver words, letters, sound, image, or articles to the interested person, except where he/she seeks to inquire of the debtor's location, contact information, method by which his/her whereabouts can be known, etc. for the debt collection.

Nevertheless, on August 15, 2017, on the ground that B, the debtor, continues to possess himself at a non-displace on August 15, 2017, the Defendant: (a) was unable to change “E” to B’s mobile phone (C) for fraud; (b)

It is necessary to change the phone call from the boomed booming to the booming fraud due to the damage.

By transmitting the text message ".... I want to know about the debtor's obligation according to the time of the home-to-day school of the State..", I sent the text message to the related persons of the debtor.

Summary of Evidence

1. Statement made by the police against B;

1. A process deed;

1. A criminal investigation report (to hear statements from victims' money and to attach photographs of the contents of intimidation);

1. A criminal report (with respect to the change of the name of the crime of intimidation)

1. Application of Acts and subordinate statutes to a report on investigation (for alteration of criminal facts)

1. Article 15 (3) and Article 8-3 (1) of the Act on the Fair Debt Collection Practices and the pertinent Act regarding criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (the foregoing text contains the content that misleads an addressee about a debtor, and thus it is difficult to view the debtor's location, etc. simply because it is difficult to ask an addressee about his/her liability, and thus, the argument of the defendant and his/her defense counsel related thereto shall not be accepted)

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