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(영문) 인천지방법원 2017.12.07 2017고정2618
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No creditor of claims shall engage in any conduct that seriously undermines privacy or peace in business by repeatedly or at night by visiting an obligor or his/her related person without justifiable grounds in connection with the collection of claims, and shall publicly inform any person other than the obligor of matters concerning obligations, such as the amount of the obligor's obligations, the period of default of obligations, etc., while many people gather in a place related to the obligor's private life or business, such as the obligor's workplace or place of residence.

Nevertheless, from January 26 to 22:00 on January 26, 2017, the Defendant was found in the office of the certified broker office for the operation of the victim D, who was the party with debt C building in Incheon Bupyeong-gu, and the debt in 101, and was found in the office of the certified broker office for the operation of the victim D, and the Defendant would promptly know the victim about the money as soon as possible.

If money is fully paid, it will be found to the husband.

“The act of seriously undermining peace in the business of an unspecified number of people visiting the office with a strong and severe desire, such as speaking for a debt relationship, etc., which caused fears, and also committed an act of collecting claims illegally, such as causing fears in the debtor’s office through five times from around that time to March 23, 2017, such as the list of crimes in the annexed crime list, etc., by causing fears in the debtor’s office, or by publicly notifying a person other than the debtor about the debtor’s obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes requiring confirmation of the details of a report on 112 civil petition, response to a civil petition, confirmation of a case, and each of the 112 reported facts;

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 2 of the same Act and Article 9 subparagraph 2 and 7 of the same Act concerning facts constituting an offense, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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