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(영문) 인천지방법원 2017.07.14 2017노1341

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) Of the fact-finding violation against C, 379,000 won out of the amount recognized by the lower court as having been received by the Defendant at the lower court, 379,000 won out of the amount recognized as having been paid to C, etc. as expenses such as stamp for C, service charge, and transportation charge, and thus, the Defendant did not gain any profit. Thus, the above

2) As to the part of F’s 600,000 won, the Defendant did not receive from F KRW 300,000 in August 26, 2013, KRW 100,000 in April 29, 2014, KRW 200,000 in total, and KRW 600,000 in August 11, 2015.

3) Of the money received from J as to fraud, KRW 250,000 was disbursed to Law Firm M, and KRW 800,000 was disbursed as medical expenses, various travel expenses, etc. for J, the above KRW 1,050,000 should be excluded from the amount of fraud.

4) As to the additional collection, the Defendant did not receive KRW 600,000 out of the additional collection charges of KRW 1,741,500 as ordered by the lower court, and the KRW 1,141,500 was returned to C and F, the additional collection against the Defendant was erroneous.

B. The sentence of the lower court that is unfair in sentencing (the imprisonment of six months, additional collection of KRW 1,741,50) is too unreasonable.

2. Determination

A. Article 109 Subparag. 1 of the Act provides for penal provisions on the act of legal affairs in which a person, other than an attorney-at-law, receives or promises to receive money, valuables, entertainment, or other benefits, among the violations of the law against C’s defense, and Article 109 Subparag. 1 of the Act provides for penal provisions on the act of legal affairs in which a person, other than an attorney-at-law, is not an attorney-at-law, to prohibit a person, other than an attorney-at-law, from performing legal affairs at a cost. As such, the legislative purpose of the aforementioned provision is to comprehensively take into account various circumstances such as the content of legal affairs

If you can see, even if the amount of profit takes the form of reimbursement for actual expenses, it shall give and receive such benefit and conduct legal affairs.