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A defendant shall be punished by imprisonment for six months.
18,000,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On May 2012, the Defendant is investigating the victim D into the violation of the Korean Marina Association Act at the non-permanent restaurant in the area of the branch of the Gyeonggi-si, Sungnam-si, the Gyeonggi-si. The Defendant would end the case through a person of the Ministry of Justice who is well aware of within the Republic of Korea.
“Around May 23, 2012, KRW 6 million, KRW 5 million on June 15, 2012, KRW 100 million on August 9, 2012, KRW 300,000 on August 24, 2012, KRW 3 million on August 24, 2012, and KRW 3 million on December 14, 2012, were provided five times in total under the same title as the horses in the instant case.
However, the defendant was not a lawyer, and there was no intention or ability to conclude the above case.
As above, Defendant was provided with money and valuables by deceiving the victim, acquiring the property, and performing or arranging the appraisal, representation, arbitration, settlement, solicitation, legal counseling, preparation of legal documents, and other legal affairs with respect to criminal investigation cases being handled by investigative agencies by a person who is not an attorney-at-law.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police in each protocol concerning D;
1. Application of each Act or subordinate statute to a certificate of account details, investigation report (additional receipt of account statements), and new bank transaction statement;
1. Article 347 (1) of the Criminal Act (the point of fraud) and subparagraph 1 of Article 109 of the Criminal Act (the point of receiving money and valuables from non-Attorney-at-Law in dealing with legal affairs) concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (which shall be between crimes of fraud and crimes of violation of the Act on Defense and Defense);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing [the scope of applicable sentences under the law] 15 years or less of imprisonment (the total sum of profit amounts) / type 1 (the total sum of recommended amounts) of general fraud among the group of fraudulent crimes / the basic area of punishment / the scope of recommended punishment / from 6 months to 1 year and 6 months [the sentence] from 6 months [the sentence] of imprisonment with labor for six months.