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(영문) 대구지방법원 서부지원 2013.07.02 2013고단498

변호사법위반

Text

Defendant

A Imprisonment of one year and fine of 8,00,000 won, Defendant B’s imprisonment with prison labor for six months and Defendant C for eight months.

Reasons

Punishment of the crime

Defendant

A under the name of the wife J from April 25, 2007 to March 28, 2012, L Co., Ltd. is L Co., Ltd. from the fourth to fifth floor of the above company in Busan Dongdong-gu, from July 2, 2007 to March 28, 2012; M Co., Ltd. is O Co., Ltd. from August 18, 2011 to the Busan Dong-gu N201; Defendant B is a person who operates a limited liability company from March 11, 2013 to the same place; Defendant B works as the head of the headquarters of the above company from April 201 to the head of the management office; Defendant C is a person who takes exclusive charge of affairs such as filing an application for payment order, performance of claims, and seizure of claims while working as the head of the management office of the above company from around August 2009 to March 28, 2012; Defendant D Co., Ltd. from the end of 2014.

1. The Defendants, who committed the crimes related to L Co., Ltd. and M Co., Ltd., acquired a large amount of claims for the price of goods, the exercise of rights of which is unclear, such as the lapse of the extinctive prescription, and conspired to conduct a business of collecting claims against multiple debtors through an application for electronic payment order.

The Defendants take over large amount of bonds traded at the price of 1 to 10% of the value of original bonds from the city as it is difficult to recover claims, such as bonds related to functional health foods, such as red ginseng, garment bonds, etc., loan bonds such as Oral Sclick, and bonds related to Gap Capital and Hyundai Capital, etc., and request electronic payment order against the debtor, and then the debtor claims the extinctive prescription period or dispute the existence of bonds, the debtor withdraws electronic payment order, etc., and the debtor does not raise any objection during the period of filing an objection against the electronic payment order, and thus the electronic payment order becomes final and conclusive.