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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operated C from March 16, 2010 to December 31, 2012, a corporation at the second floor of Geumcheon-gu, Busan.

The Defendant acquired a large quantity of claim for the price of goods whose execution of rights is unclear, such as the lapse of the extinctive prescription, and had a mind to conduct business of collecting claims against multiple debtors through an application for electronic payment order, etc.

The Defendant acquired large amount of bonds traded at the price of 1 to 10% of the value of original bonds during the period from the date of the occurrence of claims, such as functional health foods such as red ginseng, medical instruments, water purifiers, etc., because it is difficult to recover claims after a long period of time has elapsed, and applied for electronic payment order against the debtor, and then the debtor claims extinctive prescription or contests the existence of the bonds, the Defendant carried out his/her right by means of electronic payment order, such as withdrawing electronic payment order when the debtor does not raise any objection during the period of filing an objection against the electronic payment order

The Defendant, at the above C office, received the claim for the purchase price of goods against D from a person whose name is unknown, and applied for an electronic payment order with the content that “The principal and overdue interest of the purchase price shall be paid KRW 1,152,000, by accessing the electronic payment system via the Internet on May 31, 2010, as shown in [Attachment Table No. 61] No. 61 of the List of Crimes.”

In addition, from January 27, 2010 to December 31, 2012, the Defendant filed an application for payment order equivalent to KRW 1,230,179,906 in total in the name of “C” of “stock company,” as shown in the attached list 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

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