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A defendant shall be punished by imprisonment for four 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
In fact, even if the money was received from the victim E as expenses for bankruptcy and application for immunity from March 2006 to March 2010, the Defendant had the intent to use the money for personal purposes, such as the living expenses of the Defendant, and there was no intention or ability to act on behalf of the victim for bankruptcy and application for immunity.
1. On December 20, 2009, the Defendant received a request for legal counseling from the victim E in relation to the issue of not paying a debt equivalent to KRW 145 million from the G restaurant located in the Hamyeong-gun F, Chungcheongnam-gun on or around December 2009, the Defendant, by deceiving the victim that “I would file a petition for bankruptcy. It is possible to conclude within one year, which is 3.5 million won per person, and 7 million won as they are married,” and the Defendant received documents necessary for the application for immunity from the victim around that time.
On February 16, 2010, the Defendant called the victim's office in the above D office on the early February 2010, and told the victim that "it is an attorney-at-law office, and seven million won should be sent within a maximum of one year after which bankruptcy and immunity can be granted," and that the Defendant was remitted from the victim about the 16th day of the same month, and two million won shall be transferred from the victim around the 27th day of the same month.
As a result, the defendant, who is not an attorney-at-law, handled legal affairs such as legal counseling on the handling of non-contentious cases such as bankruptcy and application for immunity, and received a total of seven million won by deceiving the victim.
2. On December 2, 2012, the Defendant, by phoneing the victim E and deceiving the victim E to “a petition for bankruptcy to other legal offices. In addition, 400,000 won was sent to the service charges.” The Defendant received KRW 400,00 from the said victim around January 2, 2013.
Accordingly, the defendant is not a lawyer but a non-contentious case such as bankruptcy and application for immunity.