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(영문) 대구지방법원 서부지원 2013.07.05 2013고단642
변호사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for one year and fine for 20 million won, and imprisonment with labor for defendant B for one year and six months and fine for 20 million won.

Reasons

Punishment of the crime

Defendant

B From April 24, 2008 to February 14, 2012, a person who operated F Co., Ltd. on the third floor of the building in Busan Dongdong-gu E, Busan, and Defendant A is the representative director of F Co., Ltd. and the head of the team in charge of employees management.

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 the original bonds during the time due to a lack of recovery of claims due to a long period of time from the date of occurrence of claims, including functional health foods such as red ginseng, medical instruments, and bank services, etc., and applied for electronic payment order against the debtors, and subsequently, the Defendants withdrawn the electronic payment order when the debtors asserted the extinctive prescription period or dispute the existence of the bonds, and implement the rights when the electronic payment order becomes final and conclusive because the debtors did not raise any objection during the period of objection against the electronic payment order.

The Defendants, at the F Office, received the claim for the purchase price of goods against G from a person whose name is unknown, and applied for an electronic payment order stating that “On August 6, 2009, access to the electronic payment system via the Internet as set out in [Attachment Table No. 449] Nos. 449 and 2009Da3465 of the Daegu District Court’s Branch Branch Branch Decision 2009Da3465 of the creditor Company F, and the debtor’s “G” to pay KRW 742,29,298 in total the principal and interest interest of the purchase price.”

In addition, from May 20, 2009 to February 2, 2012, the Defendants applied for a payment order equivalent to KRW 3,945,573,783 in total in the name of the Co., Ltd. 4,471 times in the name of the Defendant, as shown in the attached list of crimes.

As a result, the Defendants conspired to another person's right.

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