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(영문) 서울서부지방법원 2020.04.08 2020고정132
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No debt collector shall openly inform any person other than a debtor of matters concerning a debt, such as the amount of the debtor's debt, the period of default, etc., while many people gather in connection with debt collection at the workplace or a place related to the debtor's privacy, his/her residence,

Nevertheless, from March 2019 to August 201 of the same year, the Defendant called the victim B’s business (ju)C from March 2019 to D’s employee in charge of civil petition affairs, and called “a self-defense has seized the victim’s monthly pay to him/her.” On September 10, 2019, the Defendant found the company’s security guard as the above (ju)C building located in Incheon, and there were many employees of the above company, including the above company’s security guard, and “B will come up with accounting and the person in charge, because B was seized for the above benefits,” and “B will come up with the security guard and the victim stop himself/herself, and “B would not have any contact with the debtor, so I would have a person in charge of corporate benefits, so I would have no contact with the debtor,” and “B publicly known matters concerning the debtor’s obligation, such as the amount of the debtor’s obligation at the workplace of the debtor.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

1. Article 15 (2) 2 and subparagraph 7 of Article 9 of the Fair Debt Collection Practices Act concerning facts constituting an offense, and Article 15 (2) 2 and Article 9 of the Act on the Fair Debt Collection;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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