Case Type: Violation of the Fair Debt Collection Practices Act 

Result: Police Non-Remand (Acquittal / No Charges) 

Case Details:

Client's Situation and Allegations

The client was a creditor who lent millions of KRW to an acquaintance. However, because the debtor also owed money to private moneylenders, those loan sharks began threatening the client's family and acquaintances. In an urgent attempt to resolve the situation, the client repeatedly contacted the debtor via KakaoTalk to inform them of the situation and demand repayment. In response, the debtor filed a criminal complaint against the client for violating Article 9 of the Fair Debt Collection Practices Act (assault, intimidation, and repeated/nighttime contact). Given the severe statutory penalties involved, immediate and rigorous legal defense was critical.

Attorney Min-hoo Kim's Legal Assistance and Defense Strategy

This defense counsel thoroughly analyzed the context of all messages sent by the client to reframe the factual matrix, proving that the source of the threats was the third-party moneylenders, not the client. Citing Supreme Court precedents, we argued that intimidation requires the perpetrator themselves to be the source of the harm; simply relaying a third party's threats does not constitute intimidation. We also highlighted that the client actively advised the debtor to report the loan sharks to the police. Regarding the nighttime messages, we established that there was a 'justifiable reason' due to the imminent threat to the family’s safety and resulting economic damages. Furthermore, we strictly analyzed the statutory components to show that the client never disclosed false facts to third parties nor coerced the debtor into securing repayment funds.

Case Conclusion

The investigative agency accepted the legal arguments and supporting evidence presented in the defense counsel’s brief. Consequently, it was acknowledged that the client's actions did not satisfy the elements of prohibited conduct under the relevant act. The case concluded successfully with a police decision of non-remand (acquittal) due to lack of evidence and failure to satisfy the elements of a crime.

Case Inquiry: Attorney Min-hoo Kim