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(영문) 서울남부지방법원 2020.11.11 2020고정1568
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 12, 2018, the defendant is a director of the Dispute Resolution Co., Ltd., and the victim C, as the representative director of the Dispute Resolution Co., Ltd., agreed to borrow KRW 30 million from E by the representative director of the Dispute Resolution Co., Ltd., to repay the principal and interest of KRW 32,40,000 by November 30, 2018.

No debt collector shall assault, threaten, arrest, or detain a debtor in connection with debt collection, or use a deceptive scheme or force against him/her.

Nevertheless, at around 08:20 on May 15, 2020, the Defendant, as a director of the Guro-gu Seoul F Apartment G G G G G., the Defendant, at around 08:20, went to the meeting of the Plaintiff on the ground that the Defendant did not repay the debt at the due date of the payment agreed by the Plaintiff, saying, “Dogate A.,” “Nine A.,” “Nine A., L., L., L. L., L., L., L., L., L., L., L., L., L., L., L., L., L., L., L., L.,” and “Fraud B.,” followed the victim’s name and the victim’s company name and the victim’s company name “ repeatedly, L. L., I want to talk to the above L.B.,” and said, “A.” was “A. I wish to see the victim’s body and fraud,” and “A.”

Accordingly, the defendant committed an act of using force on the debtor in relation to debt collection.

Summary of Evidence

1. Application of the police's written statement C to the defendant's legal statement

1. Article 15 (1) of the Act on the Fair Debt Collection Practices and Articles 15 (1) and 9 subparagraph 1 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. Since there is no change of circumstances to be particularly considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the amount of fine must be maintained as it is, since the summary order is given.

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