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(영문) 대전지방법원 2018.01.31 2016고단3627
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2016 Highest 3627]

1. Violation of defensive justice;

(a) No attorney-at-law or his/her office staff shall offer or promise to offer money, valuables, entertainment or other benefits in return for introducing, arranging, or inducing a person to accept a case or a case delegated with a legal affairs;

On September 2014, the defendant introduced the prisoners in prison in the Daejeon District Court to C who are pending in the appellate court in the Daejeon District Court in the Daejeon District Court on September 2014. When appointed, the defendant will display the friendship.

As stated to the purport of “the commission of a legal case,” the Plaintiff promised to provide money and valuables, etc. to arrange the commission of a legal case, and accordingly entered into a contract with B and 30 million won as the introduction of the above C around October 24, 2014.

On November 14, 2014, the Defendant paid the above C KRW 500,000,000,000,000,000 to the Hadman on November 11, 2014, and KRW 2,50,00,000,00 to the above C as the introduction expense.

(b) No attorney-at-law or his/her office staff shall arrange the number of legal cases or legal affairs from any person other than an attorney-at-law or allow him/her to use his/her name;

Nevertheless, in return for lending the name of the defendant from October 2014 to April 2015, the defendant received KRW 100,000 per registration case from around October 2014, and had D receive approximately 50,000 won per registration case in the name of the defendant and received the fees.

[2017 Highest 2869] On April 23, 2010, the Defendant would lend KRW 1 million in cash to the victim G who was known to ordinary people at an attorney-at-law office operated by the Defendant (Seoul Western-gu Incheon Metropolitan Government E building F.), and would pay KRW 200-3 million later.

“The phrase “ was false.”

However, the defendant did not have any intent or ability to repay the amount to the victim even if he borrowed money from the victim, because he/she did not have any personal obligation even though he/she received the fees by accepting the case as a lawyer.

The defendant deceivings the victim as above.

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