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(영문) 창원지방법원 마산지원 2021.03.30 2020고정443
채권의공정한추심에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No creditor of a claim shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, reaching a debtor or his/her related person, such as speaking, writing, sound, image, or goods, in connection with the collection of the claim, by causing fear or apprehension.

Nevertheless, on May 10, 2019, the Defendant paid off the money to the victim B (around 08: 17, 2019) to demand the repayment of the claim.

There is no problem at present. At present, from now to time, the message called "....... to be deposited" was sent, and from then to August 2, 2019, the message was sent to the victim 15 times repeatedly or at night in connection with the collection of claims, such as the list of crimes in the attached Table, thereby causing fear or apprehension to the victim, thereby seriously impairing the privacy and peace of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Part B of the protocol (Supplement to the complaint, No. 2) of the police statement concerning B concerning the defendant during the interrogation of the suspect against the defendant;

1. Efabrying a text message screen (Evidence 12,21);

1. Application of Acts and subordinate statutes governing payment orders;

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act and Article 9 of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Article 62 (1) of the Criminal Act of the suspended execution (the defendant was found to have failed to return part of the principal and interest loaned from the damaged person);

In recognition of the fact that a victim is not a telephone conversation with the victim, there are circumstances to take into account the circumstances of the crime, such as sending text messages, such as the list of offenses, and the contents, frequency, time interval, etc. of the text messages

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