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(영문) 청주지방법원 2013.05.09 2012고단1305
횡령등
Text

A defendant shall be punished by imprisonment for one year.

2,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. D-related matters

A. The Defendant in violation of the Attorney-at-Law Act is a person who is engaged in real estate business under the trade name of (StateE) E.

Around July 2010, the Defendant borrowed KRW 100 million to G, the representative of the F Co., Ltd., and created a collateral equivalent to KRW 90,000,000 on the H real estate of the Chungcheongbuk-gun, which was offered as a collateral, and then asked D to find out whether it is possible to receive dividends because of the progress of auction.

The Defendant told D that “at the request of a legal professional, the expenses should be delegated to D, and then the amount of expenses should be changed if the Defendant received dividends thereafter, and if the Defendant transferred the above claim and the right to collateral security to B, it would be able to receive dividends for the case of direct auction.”

On April 12, 2011, the Defendant entered into a contract on the transfer of claims and collateral security against D and F to the Defendant at the J's office located in J in J in J in J in Jincheon-gun, Chungcheongnam-do.

After that, the Defendant filed a lawsuit of demurrer against distribution on the ground that the claim against the second mortgagee was already repaid to the Cheongju District Court located 70 U.S. Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, on May 20, 201, the Defendant filed a lawsuit of demurrer against distribution.

6. 30. Judgment in favor of the court

On July 22, 2011, the Defendant received dividends of KRW 90,000,00 from the Cheongju District Court as a mortgagee.

As a result, the defendant promised to receive money and valuables from a person who is not an attorney-at-law.

B. As set forth in paragraph 1(a), the Defendant filed a lawsuit of demurrer against distribution by being delegated by the victim D with the receipt of dividends and the handling of legal affairs, as well as winning the lawsuit on or around June 30, 201 and winning the lawsuit in favor of the Defendant.

7. Around 22.2. Down-gu District Court of Cheongju in 70,000,000, issued dividends of KRW 90,000 as a collateral to collateral security.

Defendant D around July 22, 2011.

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