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(영문) 광주지방법원 2013.05.29 2013노563
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal by the defense counsel;

A. misunderstanding of facts or misunderstanding of legal principles are credit service providers registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), and the act of collecting acquired claims is legitimate acts under the Credit Business Act, and litigation is a means for collection, and the court below erred by misapprehending the legal principles, which found the facts charged in this case guilty.

B. In light of the fact that the Defendant suffered losses from the debt collection of this case, the lower court’s sentence imposing two years of suspended sentence of imprisonment for six months and fine 5,00,000 won is too unreasonable, considering the fact that the Defendant suffered losses from the debt collection of this case.

2. Determination:

A. Article 112 Subparag. 1 of the Attorney-at-Law Act (hereinafter “instant penal provision”) of the same Act provides for the evasion of law, the prevention of harm to the people’s interests in legal life, and the provision prepared to secure the fair and smooth operation of the civil judicial system, which prohibits a person specified in the law from taking action against litigation, conciliation, reconciliation, or any other means using the court to acquire another’s right at a cost or without compensation, thereby preventing another person from taking advantage of his/her right as a business to enforce the same.

In addition, the purpose of the instant penal provision is to achieve significant public interest by prohibiting a person not authorized as having expertise and objective reliability necessary to handle legal affairs from acquiring rights from another person, and from continuously engaging in the act of lending the form of practically exercising such rights to another person, and thus, the instant penal provision is to achieve significant public interest. Thus, even though a certain act is formally, the instant penal provision.

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