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(영문) 서울남부지방법원 2016.01.29 2015고단4952
변호사법위반
Text

A defendant shall be punished by imprisonment for one year and a fine of 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From around October 2012 to October 2015, the Defendant operates a loan company with the same trade name from Gangseo-gu Seoul Metropolitan Government D and the second floor, and from October 2015 to October 2015, the Guro-gu Seoul Metropolitan Government F from the first patrolman to the same trade name.

The Defendant decided to conduct a business of collecting claims against multiple debtors through an electronic payment order, etc. on November 21, 2012 after he/she acquired a large amount of non-performing loans, the exercise of rights of which is unclear, at the intermittent value. On April 12, 2013, he/she applied for an electronic payment order with the content that he/she will pay 4,640,764 won and interest for delay by accessing the electronic payment order system of the Seoul Southern District Court Decision 2013, Seoul Southern District Court Decision 20140, Apr. 12, 2013; and he/she applied for an electronic payment order with the content that he/she would pay 4,640,764 won and interest for G, and G did not file an objection within 14 days, and thus the order became final and conclusive on May 10, 2013.

In addition, from April 12, 2013 to January 6, 2015, the Defendant applied for the electronic payment order of KRW 7,422,297,189 in total, as shown in the attached Table “The List of Claim for Payment Order,” from around April 12, 2013 to around January 6, 2015, and exercised the right by means of seizure, collection, etc. of the debtor’s property after the order became final and conclusive.

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. The list of claims for payment order in the payment order for the Institute of Bankruptcy;

1. A certified copy of corporate registry;

1. Business registration certificate or loan business registration certificate;

1. The application of Acts and subordinate statutes to each contract for the transfer of credit (2012-09-24, 2012-11-21//her credit transferor’s loan, 2012-11-21/her credit transferor’s loan, 2012-12-12-31, 2013-03-13)

1. Subparagraph 1 of Article 112 of the Defense Justice Act, imprisonment with prison labor, and fines, inclusive, with respect to facts constituting an offense and the choice of a punishment;

1. Article 70 (1) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;

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