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(영문) 전주지방법원 2015.02.05 2014고단693
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

8,000,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

[2014 Highest 693]

1. The Defendant violated the Attorney-at-Law Act from around 2003 to June 2013, the Defendant worked as a secretary at the office of “D Attorney-at-Law” located in the previous Eup/Myeon, and assisted the attorney’s duties.

No one, other than an attorney-at-law, shall receive or promise to receive money, valuables, entertainment or other benefits or provide or promise to provide such things to a third party, in compensation for providing or arranging appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, etc. concerning cases of litigation and general legal cases, etc., or other legal affairs, or arrange such acts.

Around June 2009, the Defendant: (a) at the office of the above “D Attorney-at-Law”; (b) at the time from the office of the Jeonju District Court at the time, requested the Plaintiff to prepare a civil suit related to damages and documents necessary for the subsequent process of filing a criminal complaint and criminal complaints; (c) on July 2, 2009, the Defendant prepared a complaint to submit it to E and submitted it to the Jeonju District Court Branch of the Seoul District Court at around that time; and (d) on April 7, 2011, prepared and submitted necessary documents for the said civil suit (the Jeonju District Court Branch of the Jeonju District Court of 2009Ga4433) until the decision to recommend reconciliation was made.

As a result, the Defendant, not a lawyer, received money and valuables as above, and prepared the documents related to the case.

2. On February 25, 2013, at the office of the said “D Attorney-at-Law”, the Defendant was unable to repay the debt amounting to KRW 200 million at the time, even if he was in bad credit standing, and was paid money from the victim E, and the Defendant was thought to be used as an individual repayment without using the goods at auction even if he was paid the money, but there is insufficient money in order to purchase the goods at auction.

the award is awarded.

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