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(영문) 의정부지방법원 고양지원 2015.04.24 2014고단211
채권의공정한추심에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to two years of imprisonment and three years of suspension of execution on the grounds of violation of the Punishment of Violences, etc. Act (joint intimidation) in the Goyang Branch of the District Court (Seoul District Court). On November 22, 2013, the said judgment was finalized on November 30, 2013.

1. No debt collector who violates the Fair Collection of Claims Act shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night reaching the debtor or his/her related person by speaking, writing, sound, image, or goods, such as calls, without justifiable grounds, and causing fear or apprehension;

The Defendant came to know with the victim D around August 201, 201, and from May 201 to September 2012, the Defendant lent KRW 17 million to the victim D and the victim E, respectively, and KRW 36 million.

Since then, the defendant did not pay the above money to the victims, from Sep. 14, 2012 to Jun. 28, 2013, the defendant sent the victims the message to the effect that "the victims shall pay the money, or attach a seizure warrant to the victims," by using the phone (8 times in total (18 times in night) and the text message and the Kakakakao Stockholm messages [1359 times in total (182 times in night, and seven times in case of the victims' children's photograph transmission)] from Sep. 14, 2012 to Jun. 28, 2013, the defendant sent the victims the message to the effect that "the victims shall pay the money, or attach a seizure warrant", and "the victims shall have the phone call to the victims to the effect that "the victims shall be hurba Doc by means of a notarial agreement to divorce and divorce."

Accordingly, the Defendant, by repeatedly or at night, sent words, sound, image, etc. to the victims who are debtors, thereby causing fear or apprehensions to the victims, thereby seriously impairing privacy and peace in business.

2. When the Defendant, on May 22, 2012, lent 7 million won to D at a mutually French shop located in the Dong-dong-dong-dong-dong-dong-dong-dong on May 22, 2012.

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