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(영문) 부산지방법원 2014.01.09 2013고단3460
변호사법위반
Text

Defendant shall be punished by imprisonment for one year and by a fine of 5,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

From September 28, 2010 to May 21, 2013, the Defendant actually performed the debt collection business of the mutual name “stock company E” in Busan Dong-gu C and 401 (D Building).

The Defendant acquired the loan claim from F in the intermittent value, and had the obligor feel to run the business of collecting the debt through demanding the repayment of the debt, lawsuit, etc.

On January 10, 201, the Defendant acquired a loan claim equivalent to 1,257,480,000 won at par value from F at a coffee shop where it is impossible to know the trade name in Busan Ma-dong, Busan Ma-dong, the Defendant applied for a payment order against the debtor of the loan claim to pay the debt amounting to 35,000,000 won at a discount of 97.2% below the principal value, adding damages for delay and overdue interest at a rate of 20% per annum to the principal of the debt, and carried out his right by receiving the bond seizure and collection order.

In addition, from that time until January 10, 2012, the Defendant acquired, from that time, an amount equivalent to KRW 2,056,524,00 of the total amount of loans in accordance with the discount rate of 97% or 99% compared to face value over 579 times, as shown in the attached list of crimes, and subsequently carried out the right through the above litigation, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness F;

1. Examination protocol of the accused by prosecution;

1. G statements;

1. A copy of the record of urging case (a copy, etc. of an application for payment order, a certificate of whole registered matters, a written objection against payment order, a copy of a decision dismissing an application for payment order);

1. Business registration certificate and current status of employees;

1. A copy of claims collection details by debtor, details of transactions by entering agricultural cooperatives, and contracts for transfer and takeover of bonds;

1. Copies of the payment order, seizure and collection order, and the assignment notification, respectively;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of relevant written judgments);

1. Imprisonment with prison labor and a fine under subparagraph 1 of Article 112 of the Attorney-at-Law Act concerning facts constituting an offense;

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