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(영문) 서울남부지방법원 2014.02.12 2013고단4289
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant was sentenced to five months of imprisonment and one year of suspended execution for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on January 4, 2014.

1. The defendant in violation of the Attorney-at-Law Act is an unqualified person.

On February 5, 2013, the Defendant: (a) at the civil petition office of the Yangcheon-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government District Court, (b) from B to act on behalf of B for the civil procedure related to claims against C, D, and E; (c) on February 7, 2013, the Defendant received KRW 1,200,00 as a fee; (d) on February 7, 2013, B as a creditor; (e) as a creditor; (e) a written application for a payment order for guaranteed debt (2013j2520); (e) a written application for a payment order for loans to B as a creditor; and (e) a written application for a payment order for loans to B as a creditor; and (e) submitted it to the said court.

As such, the Defendant, who is not a lawyer, received KRW 1.2 million from B as a fee, prepared legal documents, and represented for the litigation case.

B. From March 18, 2013 to July 4, 2013, the Defendant, at the above civil petition office, proposed B to substitute for litigation cases, such as a payment order against F and an application for provisional seizure against real estate, etc., and received 24,632,500 won, in several times, in the name of fees, etc., from the bank account under the name of K to the bank account under the name of K, and then, on May 2, 2013, prepared an application for payment order for the price of goods (2013 tea7598) and an application for provisional seizure against real estate (2013Kadan70540), and submitted it to the said court.

As such, the Defendant, who is not a lawyer, received a total of 24,632,50 won from B under the pretext of fees, etc., prepared legal documents, and represented the litigation case.

2. On February 14, 2013, in relation to the application for the payment order to the victim B for the payment order to the victim B, the Defendant should be placed on the deposit money in order to seize C’s passbook and continue the lawsuit.

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