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(영문) 부산지방법원 2015.10.07 2015고단4963

변호사법위반

Text

Defendant

A Imprisonment with prison labor of one year and six months and fine of twenty million won, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Defendant

A above.

Reasons

Punishment of the crime

The Defendants purchased a large amount of claim for the price of goods, the exercise of rights of which is uncertain, such as the completion of the extinctive prescription from the bond sale hub, and then urged the obligor to transfer or take over the obligation, or requested an electronic payment order to assert the extinctive prescription or to dispute the existence of the claim, the Defendants immediately withdraw the electronic payment order. The obligor did not raise any objection during the period of raising an objection to the payment order, and the obligor did not raise any objection to the payment order, thereby doing business of collecting the claim, such as seizing the obligor’s account. Defendant A paid approximately 5-15% of the amount of claim to the obligor as the actual operator of the FF in charge of the payment order and provided the obligor B with goods necessary for collecting the claim, such as the list of the acquired non-performing claims and the office accommodation, etc., while preparing a false transfer contract with which all the claims in possession are transferred to B to B, 100 million won, and Defendant B made a public offering of the list of the remaining claims to the obligor’s employees, who were subject to the payment order, using the company’s employment order.

On November 4, 2013, the Defendants connected to the electronic litigation system of the Supreme Court (htp:/Res.go.m.r.) (htp) of the Busan District Court (Ytp) No. 26501, Nov. 4, 2013; Defendant B applied for an electronic payment order to the effect that “B” and “H shall pay KRW 452,990,00,00,000,000,000,000 from May 29, 2015.”