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(영문) 서울동부지방법원 2014.01.08 2013고단1203
횡령등
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

On December 24, 2010, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for embezzlement at the Jeonju District Court, which became final and conclusive on May 4, 2011.

1. No person, other than an attorney-at-law, who has received or promised to receive money, valuables, entertainment or other benefits, shall handle or arrange legal counseling, preparation of legal documents, or other legal services with respect to a litigation case, an investigation case handled by an investigative agency or other general legal cases;

Nevertheless, at around 16:00 on December 3, 2010, the Defendant requested KRW 2,00,000 to D for civil action and compulsory execution against (ju) E and F who introduced this contract with D and E (hereinafter “E”) in relation to the destruction of the contract for the operation of the brin restaurant from the SM5 car driven by D which is driving on the roads between Gunsan-U.S. and the Gunsan-U.S.-U.S.-U.-U.S.-U.S.-U.-U.S.-U.S. (hereinafter “State”) in order to have F file a complaint against fraud.

On December 6, 2010, the Defendant received KRW 400,000 from the bank account under the name of the Defendant, KRW 100,000 to the said account on or around the 7th of the same month, and KRW 500,000 to the said account on or around the 8th of the same month, respectively, and received KRW 10,000 in cash on the same day. On or around May 2, 2011, the Defendant received KRW 500,000 in total from the Defendant’s non-member G post office account and received KRW 500,000,000 in total. (ju), written the payment order against E, written application for return of down payment, written complaint for claim for return of down

Accordingly, the defendant, not a lawyer, received money and valuables and provided legal counseling and preparation of legal documents.

2. Around April 22, 2011, the Defendant embezzled the Defendant’s embezzlement by using the Defendant’s voluntary repayment of the Defendant’s obligation on April 25, 201, when returning KRW 15 million from (E)E to the said account under the name of the Defendant, as a down payment refund, and was in custody for the said victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the witness D and H.

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