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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On April 25, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court on January 25, 2018 and the judgment became final and conclusive on January 25, 2018.
【Criminal Facts】
1. On March 5, 2015, the Defendant received KRW 22,276,00,000 in total from the time on 24 occasions until December 21, 2017, including the transfer of KRW 55,00 in the name of the Defendant’s parent-friendly account as the expenses for filing a claim for loan, from the time when the Defendant received KRW 22,276,00 in total under the pretext of the legal progress of provisional attachment, etc., and the attorney’s appointment fees, etc., from the time on 24 occasions to December 21, 2017.
However, the defendant did not have appointed a lawyer and had the victim receive a loan without the intention or ability to obtain the loan, and acquired money in the name of legal progress such as property name, provisional seizure, etc.
Ultimately, the Defendant acquired a total of KRW 22,276,00 from the victim.
2. No person, other than an attorney-at-law, who violates the Attorney-at-Law Act, shall receive or promise to receive money, valuables, entertainment or other benefits or provide or promise to provide them to a third party, in return for dealing with or arranging legal services, such as appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, etc. concerning a case, etc.;
Despite the fact that the Defendant is not an attorney-at-law, as described in the foregoing Paragraph (1) around March 5, 2015, the Defendant received 100,000 won from the above B, who had been in the process of filing a claim for a loan, for legal affairs related thereto, around April 21, 2015, and transferred 1,00,000 won as the starting fee from the emultton stadium in Eunpyeong-gu Seoul Metropolitan Government, and the legal affairs around July 7, 2017.