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(영문) 서울서부지방법원 2016.10.27 2016노877
채권의공정한추심에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, who is working for the victim C (hereinafter “C”), talks with C’s debt relationship in a large sound, and F was aware of the content of the debt relationship by receiving several calls from the Defendant from the Defendant and passing through C even before the Defendant. The location of the occurrence of the instant case is an open place to all employees, and multiple people pass and pass through, it should be deemed that the Defendant had an intention to publicly inform the details of the Defendant’s debt obligations.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the legal principles.

2. The summary of the facts charged in this case is that the Defendant lent a total of KRW 100 million to C’s subsidiaries from March 24, 1999 to May 11, 2003, and received interest for KRW 30 million from C, which was jointly and severally guaranteed by C, and avoided demand calls without paying interest due to financial standing, and at the same time C was found to have avoided demand calls. On March 26, 2014, the Defendant was found to be in the E office where C had a majority of its employees, such as Dong FeeF, and was unable to pay interest for KRW 70,000,000,000 borrowed by his father. Accordingly, the Defendant was aware of matters concerning the obligation of the joint and several surety obligor, other than the obligor, other than the obligor.

3. Prohibition of, and punishment for, the literal interpretation of Article 15(2)2 and Article 9 subparag. 7 of the Fair Debt Collection Practices Act refers to an act of openly informing persons, other than a debtor, of matters relating to a debtor’s obligation, such as the amount of the debtor’s obligation, the period of default, etc., when multiple people gather in the place of the debtor’s workplace or residence.

In full view of all the following circumstances and arguments shown in records and arguments, the defendant's act is stipulated in Article 9 of the above Act.

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