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Defendant
A A shall be punished by a fine of KRW 500,000 and by a fine of KRW 500,000.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
Defendant
B A Co., Ltd. is a company established for the purpose of collecting claims, and the defendant A is an employee who provides information on unpaid claims at the above company's claims management team.
No debt collector shall engage in any act that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, by sending words, letters, sound, images, or any other things by phone calls or by reaching the debtor or his/her related persons, in connection with debt collection.
1. From June 2, 2015 to June 15, 2015, Defendant A sent text messages to the said B Co., Ltd., on the grounds that Defendant A did not pay mobile phone fees, Defendant A committed an act that seriously undermines privacy or peace in business by repeatedly delivering text messages to the party liable for debt without justifiable grounds, such as “the scheduled time to apply for a small amount of case, the payment of KRW 2,484,120,” etc. to the victim E, on the ground that Defendant A did not pay mobile phone fees.
2. Defendant B Co., Ltd. committed an act that seriously undermines privacy or peace in business by repeatedly delivering letters to a person related to liability without any justifiable reason, as set forth in paragraph (1), by Defendant A, an employee of Defendant B Co., Ltd., without any justifiable reason, to arouse fear or apprehension.
Summary of Evidence
1. Partial statement of witness E;
1. Some statements in the police interrogation protocol against Defendant A
1. Investigation reports (verification related to the dispatch of text transmission systems);
1. The application of the Acts and subordinate statutes to photograph and photograph text messages, and to record and store currency;
1. Article applicable to criminal facts;
A. Defendant A: Article 15(2)2 and Article 9 subparag. 3 of the Fair Debt Collection Practices Act; Selection of fines
(b) Defendant B: Articles 16, 15(2)2, and 9 subparag. 3 of the Fair Debt Collection Practices Act
1. Defendant A of detention in a workhouse: