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(영문) 서울중앙지방법원 2015.01.16 2014고정4148

사기등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. No one, other than an attorney-at-law in violation of the Attorney-at-Law Act, shall arrange preparation of legal relations, documents and other acts concerning the litigation case in return for receiving or promising to receive money and valuables;

Nevertheless, at the coffee shop operated by E in Gangnam-gu Seoul, around November 2008, the Defendant sought from E to hear the fact that E was indicted for violating the Food Sanitation Act and was convicted of the conviction until the appellate court, and then referred to as “F attorney known to E at the time at the time of the indictment is an attorney-at-law to the extent that he is able to be able to return to active and to return to the appellate court.” The Defendant introduced F attorney to the appellate court of final appeal of the above criminal case and promised to receive five million won in return, and then introduced E to the office of F attorney in Seoul, Jung-gu, Seoul, and arranged for the appointment of F attorney-at-law as a counsel for the above criminal case, and received a cashier’s checks from E on May 29, 2009.

As a result, the defendant agreed to receive money and other valuables while not an attorney-at-law and mediated the act of dealing with legal affairs in a litigation case.

2. On March 2010, the Defendant made a false statement to the effect that “A victim E needs to pay KRW 5 million to children, and the remainder to lend KRW 10 million to his/her husband and wife, and the bank will use and repay only one month with the interest of the bank.”

However, the defendant did not have the intent or ability to repay the above money in time, even if he did not have any property that he had been living difficult without certain income in bad credit standing at the time.

The defendant is against the victim of the same damage.

4.1.Before the lapse of 10,000 won by the new bank account (I) in the name of the defendant's father and wife.