A defendant shall be punished by imprisonment for not more than ten 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.

Punishment of the crime

The defendant is a registered credit service provider who operates loan business under the trade name of Guro-gu Seoul Metropolitan Government D Building 1102.

The defendant acquired a large amount of non-performing loans, the collection of which is unclear among the cities, and the defendant decided to carry out his right by means of seizure and collection, etc. when the payment order becomes final and conclusive through the electronic payment order claim lawsuit against the debtor.

On April 29, 2011, the Defendant purchased a large amount of outstanding bonds at the intermittent value, such as acquisition by transfer of 59 outstanding loan bonds (total amount of 1,695,122,733 won) from F representative G Co., Ltd. at KRW 71,195,155 (4.20%). On January 4, 2012, the Defendant applied for an electronic payment order to the effect that “5,294,657 won is repaid” with the creditors “H” by accessing the court litigation system via the Internet from the above office, and applying for the electronic payment order to the effect that “5,297 won is repaid” from that time to January 30, 2015, including the application for electronic payment order: (a) the total amount of KRW 4,298,4989,975,987,979,979,979,979,97,97,297,97,97,297,97,97,9,97,97, etc.

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. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The response to the Busan Coast Guard's annual police station's request for inspection of search and seizure, the response to a request for payment order request, the register of the corporation, the loan business registration certificate, the business registration certificate, and the application of statutes on the transfer contract of each bond;

1. Subparagraph 1 of Article 112 of the Defense Act, inclusive, with respect to facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has the right to the so-called non-performing loans that are difficult to expect voluntary performance in a normal way.