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(영문) 대구지방법원 2015.05.21 2015고정255
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant was a person who used credit business.

The defendant and the injured party C were delegated with the collection authority of claims based on the Daegu District Court 2010 tea 1205.

No debt collector shall use words, letters, sound, images, goods, or any other sign that may mislead a debtor or his/her related person into being mistaken for any act conducted by a court, a public prosecutor's office, or any other State agency in connection with debt collection.

Nevertheless, on November 26, 2014, the Defendant presented to the F restaurant located in Daegu-gu, Daegu-gu, a document that voluntarily prepared the said C’s wife G, etc. in the name of the management of compulsory execution (e.g., seizure, auction, and criminal complaint) to the said C’s wife G, etc., and used a letter that could mislead the Defendant into being the act by the court or the State agency.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing advance notices for final and conclusive execution;

1. Article 15 (3) 2 of the Act on the Fair Debt Collection Practices and Articles 11 and 11 subparagraph 2 of the same Article concerning facts constituting an offense;

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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