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(영문) 서울중앙지방법원 2020.06.18 2020고단338

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

1,2750,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. No person who violates the Attorney-at-Law Act shall deal with legal affairs in return for receiving or promising to receive money, valuables, entertainment or other benefits, or in return for providing or promising to provide it to a third party, other than an attorney-at-law;

around the end of November 201, the Defendant received a request from B that “A claim for which a payment order was issued, would be to collect it.” On May 28, 201, the head of the office of the attorney-at-law in charge of the collection of claims, the Defendant was indicted by non-detained of the violation of the Attorney-at-Law Act, etc. at the Seoul Central District Court on May 28, 2013, and was sentenced to a suspended sentence of one year for the same offense, etc. at the Seoul Central District Court on December 19, 2013, and the judgment became final and conclusive on July 26, 2014 (Death on May 16, 2019). In collusion with B, the Defendant collected the said claim and received money in return.

On December 9, 2011, the Defendant, along with the foregoing C, entered into an agreement with the E Office located on the fourth floor of the Seocho-gu Seoul Metropolitan Government D Building, to collect the credit held by B with the non-party F and G (the principal amount of KRW 65 million based on the payment order finalized in the loan case No. 2005j144, 2005) from the non-party B, and the Defendant C, and to receive 30% of the collection amount as the contingent fee. For efficient performance of the business, the Defendant entered into an agreement to collect the above credit under the name of the Defendant to receive the most transfer of the credit in the name of the Defendant for the convenience of the collection business on the same day, and then notified FG of the fact of transfer of credit.

Accordingly, according to the above collection business agreement with C, the Defendant is performing the business of applying for auction and withdrawing the application for auction for the H apartment bonds owned by G with the Gu Government District Court I, and on April 24, 2012, a cashier's checks representing 25 million won at par value from FG, and around May 4, 2012 at face value 30 million won at face value.

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