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A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
No debt collector shall assault, threaten, arrest, detain, or use any deceptive scheme or force against a debtor or his/her related person in connection with debt collection, and shall not commit any act detrimental to the peace of private life by coercing a debtor to prepare the repayment fund by borrowing money or by any other similar means.
Nevertheless, the Defendant received from C a claim against KRW 13 million borrowed by the Victim D, following the transfer of the claim by the Victim D:
1. On August 13, 2012, the Home Pluxus 1st floor E located in Changwon-si, Changwon-si, and the victim saying, “The victim shall have transferred his/her bonds to himself/herself, and if he/she has fully repaid his/her bonds as soon as possible, he/she shall send the bonds to him/herself, and if he/she has fully repaid his/her bonds, he/she shall have fully repaid his/her bonds, regardless of whether he/she has received a loan of KRW 10 million.”
2. On June 16, 2013, the Defendant committed an act of seriously impairing private life or peace in business by threatening the victim to pay back 20,000 won every 13 times a month in front of the New World department store located in Changwon-gu, Changwon-si, Changwon-si, and by forcing the victim to pay back 13,000 won every 1,000 won every month, but refusing the victim, thereby refusing to pay back 10,000 won. The Defendant’s act of threatening the debtor, in relation to the debt collection twice in relation to the debt collection, and forcing the debtor to prepare the debt repayment fund by borrowing money or by any other similar means, thereby seriously impairing the privacy or peace in business by inducing fear or apprehension.
Summary of Evidence
1. Legal statement of the witness D;
1. Partial statement of the witness F;
1. Partial statement of the police interrogation protocol of the accused;
1. Statement made to D by the police;
1. Court rulings, contracts for transfer and takeover of claims, and application of statutes;
1. Relevant Articles of the Act concerning the facts constituting the crime;