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(영문) 부산지방법원 2016.04.07 2015고단7018
변호사법위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a debt collection company with the trade name of (ju) F from the third floor of the building in Busan Dong-gu E.

1. On August 12, 2015, the Defendant: (a) transferred a large quantity of non-performing loans, the collection of which is unclear at the point of dispersion; and (b) filed a request for a payment order or a lawsuit claiming a loan against an obligor; and (c) filed an application for a payment order or a lawsuit claiming a payment order with respect to loans of KRW 3,60,00,00 from the above office to the Busan District Court for a total amount of KRW 104 times from December 9, 2011 to September 10, 2015; and (d) filed an application for a payment order or lawsuit with the Busan District Court for a total of KRW 462,05,672 won or a suit with respect to loans of KRW 3,60,00,00 from the above office to the former office; and (e) filed an application for a payment order with the obligee (main) F, debtor, and H from December 9, 2011 to September 10, 2015.

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.

2. No credit service provider that violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall acquire claims under a loan agreement from any unregistered credit service provider by transfer and collect them;

Nevertheless, at the above office on August 12, 2015, the Defendant collected the credit amount of KRW 3,600,000 from the J of “I” operator of the former Unregistered Credit Service Company (hereinafter “I”), as to the credit amount of KRW 3,60,000, from G and H, the Busan District Court applied for a payment order issued by creditors (state) F, debtor G, and H, and from July 28, 2015 to August 12, 2015, all of the credit amount of KRW 54,57,58, and 64 were transferred from the J, a non-registered credit service provider, for four occasions at the Busan District Court.

Summary of Evidence

1. The defendant's legal statement (part);

1. The payment order:

1. A report on internal investigation (the person in charge of the loan of the office in Busan Nam-gu;

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