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(영문) 대구지방법원 서부지원 2013.07.02 2013고단531
변호사법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants jointly operated the F Co., Ltd. from June 1, 2009 to August 23, 201, and from August 24, 2011 to February 201, the Defendants jointly operated the F Co., Ltd. in Busan East-gu E from August 24, 201 to February 2012.

After the Defendants received a large amount of claim for the price of goods whose execution of rights is unclear due to the lapse of the extinctive prescription, the Defendants conspired to conduct a business of collecting claims against multiple debtors through an application for electronic payment order.

The Defendants acquired large amount of bonds traded at the price of 1 to 10% of the value of original bonds during the time due to a lack of recovery of claims, such as functional health foods such as red ginseng, medical instruments, water purifiers, etc. after a long period of time from the date of occurrence of claims, and applied for an electronic payment order against the debtor, and subsequently, the Defendants withdrawn the electronic payment order when the debtor claims for extinctive prescription or contests the existence of the bonds, and implement the rights when the electronic payment order becomes final and conclusive because the debtor did not raise any objection during the period of filing an objection against the electronic payment order.

At the above D Co., Ltd. and F Co., Ltd.’s office, the Defendants acquired en bloc a claim for the payment of goods to G from a person whose name is unknown, and applied for an electronic payment order with the content that, on September 6, 2011, access to the electronic payment system via the Internet to the court electronic payment system and that, on September 6, 2011, the Daegu District Court Decision 201j.6108, the creditors’ D Co., Ltd., and the debtor’s “G” paid the principal and overdue interest of the purchase price as KRW 298,00.”

In addition, from August 2009 to December 201, 201, Defendants applied for an electronic payment order equivalent to KRW 1,181,622,599 in total in the name of “D Co., Ltd.” for a total of 882 times from August 2009 to December 2, 201, and “F.” as indicated in the list of offenses (2).

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