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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is an employee of the branch office B of KB Capital Co., Ltd. who is in charge of the debt collection business of the said company, and C is an obligor who, around September 11, 2014, received a loan of KRW 13,000,000 from the said company and repaid part of the amount, and has the obligation of KRW 4,764,062.
No creditor of a claim shall assault, threaten, arrest or detain a debtor, or use a deceptive scheme or force against him/her, in connection with the collection of the claim.
Nevertheless, on January 11, 2017, from around 07:20 to around 08:35 of the same day, the Defendant: (a) provided that, at the E parking lot of the building in which C residing in P from around 07:20 to around 08:35 of the same day, the Defendant would prevent C from working in FYF La Roa car, which is its owner; (b) provided that C, “on deposit of money, shall be deducted from the payment of the remaining debt from C,764,062 on the same day.”
Accordingly, the defendant used the power of the debtor in relation to the collection of claims as a debt collector.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The application of statutes to the 112 Report Report Statement (the comprehensive situation room of the racing police station 112), field photographing photographs, investigation report (the attachment report of a decision on the order to deliver a motor vehicle), investigation report (the attachment report of documents related to C debt which is the complainant)
1. Relevant Articles 15 and 15 (1) and subparagraph 1 of Article 9 of the Act on the Fair Debt Collection Practices for Facts constituting an offense;
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 for the Provisional Payment Order (Article 334 (1) of the Criminal Procedure Act (the defendant is the first offender, and the circumstances leading to the case shall be considered);