beta
(영문) 서울중앙지방법원 2018.09.21 2018고합506

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by imprisonment with prison labor for three years, by imprisonment for two years and six months, and by imprisonment for one year and six months.

Reasons

Punishment of the crime

1. He/she shall not receive or promise to receive money, valuables, entertainment or other benefits from an attorney-at-law other than an attorney-at-law who has violated the law of defense A, nor shall he/she handle or arrange legal services, such as appraisal, representation, settlement, solicitation of arbitration, legal consultation, preparation of legal documents,

Nevertheless, on October 18, 2016, Defendant A, who is not an attorney-at-law, provided legal counseling to F on civil action, etc. related to liquidation of de facto marital relations and division of property, etc. at the E Joint Law Office located in Seocho-gu Seoul Metropolitan Government, and promised to receive KRW 500,000 from H bank account (Account Number: I) in the name of the Defendant G on the same day as the expenses, and receive KRW 5,00,000 by the same method on the 21st of the same month, and later receive KRW 35,500,000 as the successful remuneration.

As a result, the defendant, who is not an attorney-at-law, received or promised to receive money and valuables, dealt with legal affairs.

2. The Defendants, in collusion, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by the Defendants, in early October 2016, in order to provide legal advice on the issue of liquidation of de facto marriage relations, division of property, etc. of victim F in the above E-Joint Law Office for the first time, and to deposit the funds with the victim’s “if the Defendant B received a loan as security, and made a disguised investment in the LOB in the LOB which is operated by the Defendant B, it will return the funds to the

“A false representation was made.”

However, in fact, the defendants did not have any intention or ability to return money within one month because they thought that they will receive money from the victims to use it for construction projects or personal purposes.

The Defendants, on October 27, 2016, up to 510 million won in total, including 1,10 million won checks in front of the victim himself/herself, 10 million won checks, 5 million won checks in front of the victim himself/herself.