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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 29, 2015, the Defendant: (a) filed an application with the victim for a payment order against the victim on July 23, 2015; and (b) filed by the Daejeon District Court Decision 2015Gadan28439 decided July 23, 2015, the Defendant was to introduce the attorney-at-law to the victim on the part of the Daejeon District Court 201dhap 31 and 201dhap 79 (Counterclaim) divorce and consolation money, etc.; and (c) the Defendant was ordinarily aware of the case.
Although the E-Attorney agreed to pay 4 million won under the pretext of appointing an attorney-at-law with respect to the first and second trials, he/she has been aware of his/her intention to acquire the attorney-at-law's appointment fee from the damaged person.
A. On November 2, 2015, the Defendant, who was not an attorney-at-law in the first instance trial, made a false statement to the victim that “it is necessary to pay 4.5 million won at the attorney-at-law’s expense” at a non-place on November 2, 2015, and then received KRW 2.5 million on the same day as the attorney-at-law’s expense from the victim, and transferred KRW 2.0 million on November 21, 2015 to the F Association account in the name of the Defendant, and acquired the remainder of KRW 5 million from among them to E.
B. On January 28, 2016, the Defendant, who was not a party to the second instance trial, lost the victim at the first instance trial on the claim for the agreed amount of money set forth in the foregoing Daejeon District Court Decision 2015Ga group 28439 on January 28, 2016. On February 25, 2016, the Defendant made the victim’s false statement that “it is necessary to appoint an attorney at the appellate court’s expense” to the victim at a non-permanent place, and acquired it by transfer from the victim to the FF account in the name of the Defendant on the same day.
2. Any person, other than an attorney-at-law in violation of the law of defense, who receives or promises to receive money, valuables, entertainment or other benefits, or who provides or promises to provide such things to a third party, shall conduct appraisal, representation, arbitration, settlement, solicitation, legal counseling or preparation of legal documents in connection with cases, etc. in question, and other legal affairs;