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(영문) 대전지방법원 천안지원 2018.07.13 2017고단2990
횡령등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

6 million won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is a person who operates an auction consulting company under the trade name of "D Co., Ltd." in Nam-gu, Nam-gu, Seoul.

1. No person, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits, and deal with appraisal, representation, arbitration, settlement, solicitation, legal counseling, preparation of legal documents, or other general legal cases, such as litigation cases, non-litigation cases;

On December 2, 2016, the Defendant entered into a consulting contract with G that wants to award a contract for a neighboring house in South-gu, South-gu, Seoul, the object of the auction case, and received KRW 300,000,000 as a contract deposit and participated in all auction processes, such as perusal of records of auction cases for the successful bid of the neighboring house, analysis of rights, presentation of expected successful bid price and determination of bid price, etc., by having G receive KRW 39,990,000,000,000,0000,0000,000 won, excluding the down payment of KRW 1,000,000,000,000,000,0000 from G, and received KRW 5,00,000,000,000 from G.

Accordingly, even if the defendant is not an attorney-at-law, he received or promised to receive money, and dealt with auction cases which are legal cases.

2. Around February 13, 2017, the Defendant: (a) received a request from the victim G to “a prior lessee of the foregoing neighboring house and received the confirmation letter”; and (b) received a transfer of KRW 5 million from the victim to the Saemaul Treasury account (Account Number H) in the name of the Defendant and kept the money for the victim; and (c) received a request for the return of the said money from the victim to “a refund of KRW 5 million,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. G.

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