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(영문) 울산지방법원 2018.12.14 2018고정914
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No creditor of a claim shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night, without any justifiable reason, reaching a debtor or his/her related person, such as speaking, writing, sound, image, or any other things by phone calls, in connection with the collection of the claim.

On October 10, 2017, the Defendant listened to the Defendant’s statement that “I will immediately repay the above amount of KRW 15 million after the seventh day of each week from the Victim B,” and borrowed it from the Defendant’s L, but did not receive five million won out of the above amount from the Defendant’s son, the Defendant would have borrowed the above amount of KRW 5 million from the Defendant’s son on October 25, 2017, and the remainder remaining after I use the amount of money as security and then would be KRW 50 million from the Defendant’s son who borrowed the above amount of KRW 50 million from the Defendant’s son. The Defendant would have borrowed the amount of KRW 30 million from the Defendant’s son.

Of them, there is a fact that one week’s phrase “I will make payment after one week,” and that I lent KRW 50 million to the victim.

On December 7, 2017, when the Defendant was unable to receive a debt within the period promised from the injured party, the Defendant made a call to the victim on December 7, 2017 and called “at present, giving up money, only her death,” and also committed an act that seriously undermines the peace of privacy by repeatedly sending the victim’s text or text message with regard to the collection of the claim between around that time and April 25, 2018, as shown in [Attachment] Crimes List (1) and (2) from around that time to April 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes governing text message analysis reports and text messages;

1. Relevant Article of the Act concerning the facts constituting the crime and the fair selection of punishment;

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