Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the father of the defendant.

No creditor of a claim shall visit an interested person in connection with a debt or cause him/her to deliver words, letters, sound, images, or things to the interested person, except where he/she seeks to inquire of the debtor's location, contact information, method by which the whereabouts can be known, etc. for the debt collection.

Nevertheless, on November 29, 2016, the Defendant called the victim C's cell phone phone around November 29, 2016, and talked about the repayment of the debt of the victim C, and asked about whether the husband retired.

In addition, the contact with E's cell phone and the case of C's personal problems, there was no person to pay debts.

As a result, the Defendant reached a statement related to the obligation related to the debt.

Summary of Evidence

1. Legal statement of witness E;

1. E’s written statement [Article 8-3(1) of the Fair Debt Collection Practices Act prohibits visiting the debtor’s relatives, etc. or talking about the debtor’s obligations, etc. in relation to the debt collection.

E stated in this Court that “The mother, who introduced himself by telephone around December 2016, introduced himself, and (C) lent KRW 10 million to the Defendant, and the mother, who became able to be able to do so, should complete the payment.”

The defendant could sufficiently recognize that the defendant had made a statement about the debtor C's obligation to his children, and that there was a perception about this.

[Judgment of the court below]

Application of Statutes

1. Article 15 (3) 1 of the Act on the Fair Debt Collection Practices and Articles 15 and 8-3 (1) of the same Act concerning 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 concerning the order of provisional payment;