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(영문) 서울북부지방법원 2013.11.07 2012고정2067
채권의공정한추심에관한법률위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The Defendant is a person who is engaged in credit business with the trade name in Ansan-si from around 2005.

No act of assaulting, intimidation, arrest or detention of an obligor or person concerned, or using a deceptive scheme or force against him/her.

Nevertheless, on April 25, 2012, the Defendant called the victim D on the ground that he/she was not paid money at a place where his/her place is unknown, and thereby, the Defendant threatened the victim, who is the debtor, by means of the following: “I am hys that he/she has left with at any time. I am hys that he/she has left with his/her promise. I am hys that he/she may receive a written complaint from the police station, so I am hys that he/she could not engage in financial transactions with the bank.”

2. The evidence that seems to correspond to the facts charged in the instant case is only D’s statement, and D merely urged the Defendant to pay the principal or interest as soon as possible when the Defendant fails to comply with the due date for repayment of the principal or interest, and did not make a statement or send text messages. E, upon filing a report on a police box, stated that the Defendant could have been given a reduction or exemption of the amount of money borrowed from the Defendant, and the Defendant would have expressed his desire to do so at the police station. However, the Defendant did not directly take a bath for himself. In light of this, the above police statement was insufficient to believe that there was no credibility, and there is no other evidence to prove that the Defendant threatened the Defendant, a debtor, with the same words as the facts charged.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act

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