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(영문) 부산지방법원 2012.12.18 2012고단8301
변호사법위반
Text

Defendant

A Imprisonment with labor for one year and fine for 20 million won, Defendant B's imprisonment for 8 months and fine for 10 million won, and Defendant C.

Reasons

Punishment of the crime

Defendant

A was operating a debt collection company from April 1, 2008 to June 12, 2012 under the trade name of “F stock company” at the seat of Busan Dongdong-gu E2. Defendant B was in charge of debt collection from September 1, 2008 to June 12, 2012. Defendant B was in charge of debt collection as the head of the above company and the director from September 2008 to June 12, 2012. Defendant C was in charge of debt collection as the head of the above company and the head of the division from April 1, 2008 to June 12, 2012.

After having taken over credit account receivable claims from an asset management company, etc., the Defendants conspired to engage in debt collection business against the debtor through demanding the repayment of debt, lawsuit, etc.

On December 30, 2009, the Defendants acquired 214,55,050 won from the representative I to the “H” office located in Gangseo-gu Seoul Metropolitan Government, 9,000 won at a discount of 95.8% below its face value. The Defendants sent to the obligor who purchased health food, and his family members, etc., a certificate of the content that they would pay 500% increased debt amount by adding delay damages and overdue interest of 24% per annum to the principal of the obligation, and exercised their rights by receiving the payment order, bond seizure and collection order, etc.

Accordingly, the Defendants conspired to acquire, from April 1, 2008 to December 26, 201, an amount equivalent to KRW 5,163,519,423 in total amount of face value at the rate of approximately 91-98% discount compared to face value over 14,167 times as indicated in the following list of crimes, and subsequently carried out the right as a business by litigation or other means as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Payment orders:

1. Each investigation report (a report accompanied by a copy of relevant records);

1. Contracts for transfer and takeover of bonds;

1. Investigation report, records of account transactions for debt collection, debt collection amount through financial institutions, the current status of debt transfer and takeover, the details of application for payment order, the current status of debt collection, and F.

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