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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On November 2008, the Defendant committed legal counseling with F in relation to a loan claim held by G while promising F to receive compensation in the future, instead of providing F with a civil or criminal legal act acting for G in order to obtain repayment of the said claim from G.
Accordingly, the Defendant, at the office of the Defendant located in Geumcheon-gu Seoul Metropolitan Government on November 28, 2008, prepared and sent a complaint for a claim for loans from the Seoul Southern District Court 2008Kadan105793, which was brought by F, against G, and thereafter prepared and sent a complaint for the case, such as the public conflicts of 2008 type 86804, Seoul Southern District Prosecutors' Office 2008 type 86804, which was brought by F against G around December 11, 2008, and received KRW 1,00,000,000 from F in consideration of E.
As a result, the defendant, in collusion with the above E, received or promised to receive money, valuables, entertainment or other benefits, and dealt with legal affairs such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, and other legal affairs with respect to the case in question and the investigation agency.
2. In the course of acting in a lawsuit against the victim F as described in paragraph (1) above, the Defendant had the intent to claim a return of unjust enrichment equivalent to the amount of the claim against the victim on the ground that the Defendant: (a) prepared and kept a proxy letter of delegation in the victim’s name and a notice of assignment of claim (loan) in possession; and (b) made it the cause of the claim to which the claim against G was acquired;
Accordingly, around February 28, 2013, the Defendant sought payment of principal amounting to KRW 9,1560,000 and interest thereon, because the Defendant transferred the claim to G to the Defendant on December 1, 2008 and received the claim amount from G and did not return it to the Defendant.