beta
(영문) 청주지방법원 제천지원 2014.11.27 2014고단90

변호사법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

153,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2014 Highest90]

1. The defendant in violation of the Attorney-at-Law Act is an unqualified person.

While the Defendant, even though having not worked as the secretary of the law office C, was carried out by D as the head of the above office, the Defendant was delegated by D with D with respect to the application for property specification by stating that D’s “In the F office operated by D in Gyeongcheon-si, Incheon Special Metropolitan City, would return the lease deposit, but G would not pay any money. In such cases, G may receive money for compulsory execution of the debtor’s property, and in order to enforce compulsory execution, it would be possible to receive money from the debtor’s property specification application.”

Around that time, the Defendant prepared an application for specification of property using a computer at the above F Office on October 31, 2008, and submitted an application for specification of property with support and related documents, and received money from D on November 153, 200 on the pretext of such consideration, fees, etc. < Amended by Act No. 879, Nov. 19, 2008>

Accordingly, the defendant was not a lawyer and dealt with legal affairs such as legal counseling and preparation of legal documents.

2. Around December 28, 2007, the fraud Defendant sent money to the victim D in the above F office, stating that “The payment order case for the return of lease deposit againstG (No. 2007 tea 1051) is in progress, and the cost is more necessary.”

However, in fact, the above case No. 2007 tea1051 was decided on October 8, 2007, and thus, the above case was not required to pay expenses. Since the defendant did not have any particular occupation, income, or property at the time, it was thought that he would receive money from the victim to consume it as living expenses, etc.

As a result, the Defendant received a total of KRW 21,513,00 from the victim to January 25, 201 in the same way as the list of crimes (1) in the same manner as the list of crimes from around that time to December 28, 2007, in terms of the cost of filing a request for specification of property.

참조조문