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(영문) 수원지방법원 2016.08.11 2016고단618

변호사법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a lending company (registration number: G) with the trade name of the F Co., Ltd. in Suwon-si E building 303.

The Defendant decided to conduct a business of collecting claims against multiple debtors through an electronic payment order application, etc. on October 30, 2012, the Defendant: (a) transferred the claims to H et al. from Taei, Inc., Ltd., a Credit Service Company, by means of an electronic payment order application; (b) on February 19, 2013, by accessing the electronic payment order system from the above F Office to the court electronic payment order system, and (c) filed an application for the electronic payment order stating that the creditors would be paid KRW 15,535,983 with H as the creditors, F, the debtor as H and the interest of KRW 15,535,983, as stated in the attached Table, from the time on January 12, 2015, the Defendant applied for the electronic payment order equivalent to KRW 5,476,407,298 on the aggregate amount of claims over 286 times as indicated in the attached Table of Crimes.

Accordingly, the defendant acquired another person's right or pretended to acquire another person's right, thereby exercising his right by means of lawsuit, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Response to the request for execution;

1. A criminal investigation report (a copy of data attached);

1. Application of Acts and subordinate statutes on the contract for acquisition of bonds;

1. Relevant legal provisions concerning facts constituting an offense, and Article 112 subparagraph 1 (including attorneys-at-law who choose a punishment) of the Act, and the choice of imprisonment;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 62(1) and (2) of the Criminal Act on the suspension of execution

1. Summary of the assertion

A. The Defendant’s act does not fall under the elements of Article 112 subparag. 1 of the Defense Justice Act, and the Defendant had no intention to do so.

B. Even if the Defendant’s act constitutes a constituent element of Article 112 subparag. 1 of the Defense Justice Act, the registration of lending business, etc. and the protection of financial users (hereinafter “Loan Business Act”) are governed by Article 2 subparag. 1 of the Act, and Article 8-4 of the Fair Debt Collection Practices Act (hereinafter “Credit Collection Act”).