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(영문) 대구지방법원 2016.07.28 2015고단5145
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 6, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Fraudulent and Defense Justice at the Daegu District Court, and the judgment became final and conclusive on January 6, 2016.

[Criminal facts] The defendant is not an attorney-at-law as a person who performs the collection of claims.

No person, other than an attorney-at-law, shall handle or arrange an appraisal, representation, arbitration, reconciliation, solicitation, legal counseling, preparation of legal documents or other legal affairs in connection with a litigation case, in return for receiving or promising to receive money, valuables, entertainment or other benefits.

1. On July 19, 2012, the fraud Defendant filed a claim against the other party for civil damages against the victim C, the Defendant, who is the Defendant of the crime of fraud, who provided legal counseling services by reporting Internet Blobs at a location in Daegu, located around July 19, 2012.

To this end, it is necessary to appoint an attorney-at-law on behalf of an attorney-at-law who is well aware of the fact that the attorney-at-law is sent with the cost of appointing a lawyer and the litigation stamp.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party, he did not appoint a lawyer or have no intention or ability to proceed with the lawsuit.

As such, the Defendant, by deceiving the victim, received KRW 500,000 from the victim immediately, as an attorney-at-law from the victim, from January 4, 2013, received a total of KRW 5,255,800 from the time to January 4, 2013, as indicated in the list of crimes.

2. On July 12, 2012, the Defendant violated the defense justice system: (a) as to the fraud case in which C was accused at a dynas shop prior to the Sinsan-nam University in Busan-dong University, Busan-si; (b) “It is not sufficient to unilaterally file a complaint in accordance with the front and rearness; and (c) it is sufficiently possible to file a complaint due to the crime of false accusation.

Then, the said fraud case was committed by C with the purport that it would be favorable to the claim for damages.

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