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(영문) 전주지방법원 2019.10.23 2019고정79
채권의공정한추심에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 24, 2018, the defendant lent 20 million won to the victim B's mother C on a used vehicle trading company.

No debt collector shall visit an interested person in connection with a debt or cause him/her to deliver words, letters, images, or articles to the interested person, except where he/she seeks advice about the debtor's location, contact information, method of identifying the debtor's location, address, etc. for debt collection.

Nevertheless, around 12:00 on October 30, 2018, the Defendant: (a) visited the office of the business division of the Echeon-gu E-gu Seoul Metropolitan Government, the victim was working for, on the ground that C did not perform his/her obligation and did not perform his/her obligation, and (b) visited the victim at the office of the business division of the Echeon-gu, Seojin-gu, Seoul Metropolitan Government, where C had been working for the victim, and (c) reported or reported to the victim in 112 if his/her mother was aware of telephone contact, and his/her mother was in the house, and (d) tried to talk with the victim, and (e) he/she should not pay his/her money.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Part of the police statement against the defendant;

1. Each police statement concerning B and C;

1. Application of the Acts and subordinate statutes governing B identification cards, certificates of personal seal impression, borrowing certificates, transfer of vehicles due to debt obligations, written consents to vehicle transfer, written consents to vehicle abandonment, written consents to vehicle use, power of attorney, written permission, and written permission;

1. Article 15 (3) 1 and Article 8-3 (1) of the Act on the Fair Debt Collection Practices and applicable to the facts constituting an offense, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel do not constitute a related person under the Act on Fair Debt Collection since the victim is a debtor of the instant obligation or a person who has pledged to secure another’s property.

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