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(영문) 창원지방법원 통영지원 2019.01.29 2018고정214
채권의공정한추심에관한법률위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person in a de facto marital relationship with C, who is a person who has a claim for approximately KRW 1.6 million ( approximately KRW 5 million, about KRW 3.4 million, around March 2013) against the victim B (nive, 70 years of age), and is a person in a de facto marital relationship with C, who collects a claim for the benefit of C.

1. No debt collector shall engage in any conduct that seriously undermines privacy or peace in business by visiting any debtor or his/her related person at night (from nine p.m. to eight a.m. on the following day) without justifiable grounds in connection with debt collection.

Nevertheless, on May 31, 2017, the Defendant: (a) around 22:40 on May 31, 2017, the Defendant divided the first class of the victim’s house into five occasions before the victim’s house who did not receive any payment of the money as agreed by the Defendant; (b) and (c) on the part of the victim who did not give any answer, the Defendant her phone called on five occasions; and (d) was able to hear that the victim’s telephone bell was sound inside the house, and (e) took five times the victim’s house door out of the house, and paid five million won from the victim’s house.

As a result, the Defendant visited an obligor or his related person at night without any justifiable reason to cause fear or apprehension, thereby seriously impairing the peace of privacy.

2. On June 30, 2017, the Defendant committed the crime: (a) around June 30, 2017, at around 21:30 on June 30, 2017, the defect that the victim did not pay the money as agreed and did not recover the money by telephone; and (b) together with C.

Before the collection of the victims described in the paragraph, C took the door of the victim’s home, and C took the door of the victim’s home, and “I have to pay the money in accordance with why we have observed the promise.” The Defendant took the door of the victim’s home with his hand and her hand, and “I have to turn off the age of the elderly, I have to come up with the victim’s husband, and E, the husband of the victim.”

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