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(영문) 춘천지방법원 2017.10.25 2016고단937

변호사법위반

Text

A defendant shall be punished by imprisonment for one year.

10,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

C Operation D Co., Ltd. (former E Co., Ltd.; hereinafter referred to as “D”) entered into a contract with the Korean War DF church in January 2008 (hereinafter “F church”) on the reconstruction and construction of the building located in Songpa-gu Seoul Metropolitan Government G, H and I (hereinafter “the building of this case”), but it was impossible for the FF church to receive the construction payment from the said FF church, after suspending the construction from July 15, 2008, the building of this case was occupied and the lien was exercised. The Defendant became aware of the J, which was the site warden at the site of the building of this case among the above F church due to other claims against the F church, and became aware of the above D through the said F church around April 2009.

On April 15, 2009, the Defendant demanded the above C to provide money to resolve the issue of D’s lien and payment of construction cost related to the instant building at the construction site of the instant building. On April 21, 2009, the Defendant issued a letter of delegation from the above C to the effect that “A shall pay a certain amount of money to the Defendant according to the construction cost received immediately after the resolution of the lien,” and around May 15, 2009, issued a power of delegation to the Defendant for consultation on lien with the effect that “D shall delegate all the power to the Defendant for debt settlement for the outstanding amount of construction cost related to the instant building.”

Accordingly, on October 28, 2009, the defendant agreed on the issue of the payment of the construction cost related to the building of this case with the K church which won a successful bid for the building of this case for the above D, and on October 28, 2009, the defendant shall pay the construction cost of D as recognized by the court from the 1st floor of the K church located in Songpa-gu Seoul Metropolitan City L to the K church, D and K church shall pay the construction cost of D at the K church, and they withdraw the civil criminal lawsuit filed between them, and D shall not interfere with the construction of the building of this case, and they shall withdraw from the construction site at the construction site. < Amended by Presidential Decree No. 21725, Oct. 29, 2009>