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(영문) 대구지방법원 서부지원 2013.06.25 2013고단502

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor of one year and a fine of ten thousand won,00,000 won, and a defendant B shall be punished by imprisonment with prison labor of ten months.

Defendant

A.

Reasons

Punishment of the crime

- Defendant A in violation of the Attorney-at-Law Act operated the debt collection company of J-at-law from June 1, 2010 to June 13, 2012; Defendant A operated the debt collection company of J-at-law; from November 1, 201 to April 2013, 201, K-at-Law Company (hereinafter “C”) (hereinafter “B”); Defendant B was engaged in debt collection, employee management, etc. in the said company for the same period.

The Defendants conspired to conduct a business of collecting claims against multiple debtors by applying for electronic payment order, etc. after mass transfer of claims for the price of goods, the exercise of rights of which is unclear, such as the lapse of the extinctive prescription.

On April 1, 2011, the Defendants, at the fourth floor of the Busan Shipping Daegu M&M building, transferred the claim for the purchase price of the goods to N from the nameless person, and applied for a payment order with the content that “A” and “B” and “N” connected to the Internet court electronic payment system to pay KRW 2,240,000,000, totaling 24% overdue interest per annum to the principal amount of the sales price,” with access to the Internet court electronic payment system.

In addition, from June 1, 2010 to April 2013, the Defendants acquired a large amount of bonds, the extinctive prescription of which is unclear due to the lapse of time in the place of the office, etc. of the above J-limited Company from around June 1, 2010 to April 1, 2013, and then applied for an electronic payment order of KRW 11,41, total amount of claims, KRW 13,970,116,78, and the rights were exercised by means of seizing and collecting the debtor’s property upon confirmation of the payment order.

As a result, Defendants conspired to acquire another person's rights, thereby exercising such rights through litigation.

Summary of Evidence

1. Defendants’ respective legal statements

1. The preparation of theO, P, Q, R, S, T, U,V, W, X, Y, and Z.

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