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(영문) 서울남부지방법원 2018.12.21 2018고단1767
채권의공정한추심에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Considering that there is no risk of substantial disadvantage to the defendant's exercise of his right to defense, part of the facts charged was corrected ex officio without the amendment of indictment.

1. Around January 4, 2018, the Defendant: (a) was a person who was engaged in unregistered loan business with the trade name “E” and (b) was found to receive KRW 3 million of money lent to G used for this residence by the victim C (V, 68 years old) located in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F (F) around January 4, 2018.

Although the Defendant opened a door, the Defendant damaged the door door so that the market price of approximately KRW 500,000 is KRW 50,000,000, and infringed on the said G.

2. No person collecting claims in violation of the Fair Debt Collection Practices Act shall commit any act of assaulting an obligor or his/her related person in connection with debt collection, or doing any act of seriously damaging privacy or peace in business by visiting an obligor or his/her related person at night to cause fear or apprehension;

With respect to the collection of claims, the Defendant visited the debtor's tea house of the debtor C at night, and assaulted the debtor C's chest part of the debtor C at night, taking knee of the debtor C, taking once. On the same day, around 22:10, the Defendant sought to receive KRW 7 million of the amount lent to I to the Jer in Yeongdeungpo-gu Seoul Metropolitan Government H. Around 22:10, the Defendant abused D's face, which is the debtor I's will, 2:3 times, and once as a drink, caused fear or apprehension, thereby seriously impairing privacy and peace.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and I;

1. Statement made to I by the police;

1. The photographic data of the case;

1. Application of Acts and subordinate statutes specifying the number of days;

1. Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 15(1) and Article 9 Subparag. 1 of the Act on the Fair Debt Collection Practices (the collection of claims) against criminal facts.

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