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(영문) 창원지방법원 2015.12.02 2015고단1881
사기등
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On April 22, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Attorney-at-Law Act at the Changwon District Court on August 25, 2015 and the said judgment became final and conclusive on August 25, 2015.

【Criminal Facts】

From 2012 to 4, 2014 to 2014, the Defendant was a person who worked as a secretary at the D Office of Law in Changwon-si, C. 402.

Even if the Defendant is not a lawyer, the Defendant requested the victim G and the public prosecution and other H to consult on the law of a divorce lawsuit at the 'F' coffee store in the early August 2014, 2014, and the victim “this work must not be subject to a divorce lawsuit. He/she will proceed with the divorce lawsuit by selecting a lawyer and selecting a lawyer, and the criminal case he/she filed with the police. I will not take advantage of the loan certificate as a joint guarantor, and I will not borrow KRW 2.8 million from H. However, the Defendant could legally process GC divorce case.

However, the defendant had already retired from his office, and even if he received money from the victim, he did not have the intention or ability to proceed with the appointment of a lawyer or the receipt of a lawsuit concerning divorce lawsuit by the victim.

The Defendant received KRW 1.2 million from the victim around August 8, 2014, and KRW 2.5 million from August 18, 2014 to the post office account (I) account in the name of the Defendant.

In this respect, the defendant, not a lawyer, provided legal counseling services for family cases, and acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A detailed statement of deposit and a certificate of borrowing;

1. Previous convictions indicated in judgment: Criminal records, references to criminal records, amounts of dispositions and results of confirmation, and application of the Acts and subordinate statutes stating the accused's statutory statement;

1. He is not an attorney-at-law under Article 347 (1) of the Criminal Act (Fraud) and Article 109 (1) of the Attorney-at-Law Act concerning facts constituting an offense.

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