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(영문) 인천지방법원 2016.07.15 2016고정1391
채권의공정한추심에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 24, 2015, the Defendant is a creditor who prepared a certificate of fairness in a monetary consumption lending and borrowing contract for KRW 11,000,000, that was lent from a notary public E office located in Gyeyang-gu Incheon Gyeyang-gu, Incheon to the victim F on December 24, 2014.

No creditor shall engage in any act which seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable ground, by causing fear or apprehensions by sending words, letters, sound, images, or goods to debtors or related persons.

Nevertheless, on January 31, 2016, the Defendant did not pay KRW 5,00,000,000 that the said victim agreed to repay at a non-permanent place on January 31, 2016 to the victim’s mobile phone (H) using the Defendant’s mobile phone (G), so it is well known that the Defendant has a husband’s share of her husband, but it does not seem to have been changed due to the change of her husband’s share of her husband.

Don Don Don Don Don Don Don Don Don-don Don Don-don Don Don Don-do

쇠鹬도요

Boyer ? ?

Until February 17, 2016, from February 17, 2016 to February 06:56, including sending the victim’s text message, sent the victim’s mobile phone 15 times in total and sent the victim’s text message and Kakao Stockholm message to the victim’s mobile phone at night.

As a result, the Defendant collected claims in relation to the collection of claims by sending text messages or Kakao Stockholm messages to the victim at night without justifiable grounds, or by communicating them to arouse fears or apprehensions, thereby seriously impairing privacy.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A process deed;

1. Application of additional Acts and subordinate statutes on text content;

1. Article 15 of the Act applicable to the facts constituting an offense and Article 15 of the Fair Debt Collection Practices Act and subparagraph 2 of Article 15 and subparagraph 3 of Article 9 of the Act on the Fair Debt Collection Practices (Optional to Penalty);

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (one day) of the Criminal Act to attract a workhouse;

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