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(영문) 대구지방법원 서부지원 2013.06.18 2013고단530

변호사법위반

Text

Defendant

A Imprisonment with prison labor for ten months and fines for 10 million won, and Defendant B shall be punished by imprisonment for eight months.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A from April 4, 2008 to March 23, 2012, from May 4, 2012, from May 5, 2012 to May 23, 2012, from April 1, 2012 to June 19, 2012, from April 1, 201 to June 19, 201, from the debt collection company F in the above D building; from September 12, 2012 to the Busan Shipping Daegu, from September 10 to April 10, 2013, Defendant B operated the debt collection company of H in the above debt collection company.

After the Defendants acquired large amount of claims, such as the price of goods, whose execution of rights is unclear due to the lapse of the extinctive prescription, the Defendants conspired to conduct a business of collecting claims against multiple debtors through an electronic payment order application.

On February 5, 2013, the Defendants, at the H office of the said H Co., Ltd., applied for an electronic payment order stating that “The Defendants shall pay KRW 775,031,00,000, plus interest of KRW 24% per annum, to KRW 237,60,000, plus interest of KRW 24% per annum,” by taking the case number in Seoggu District Court Seog-dong 230, Yongsan-dong 2013.

In addition, from April 4, 2008 to April 10, 2013, the Defendants acquired large amount of claims, the extinctive prescription of which is unclear from the above J, L company representative M, N company representativeO, P company representative Q, and R company representative S, etc., and applied for the electronic payment order of KRW 6,263,250,989, total sum of claims amounting to KRW 7,396, as shown in the list of crimes in the attached list of crimes, and carried out the rights by means of seizing and collecting the debtor's properties after the payment order becomes final.

As a result, the Defendants conspired to acquire another person's right or pretended to acquire another person's right to exercise the right by means of litigation, etc.

Summary of Evidence

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