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(영문) 서울남부지방법원 2016.11.18 2016고단3621
변호사법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. No one, other than an attorney-at-law who has violated the Attorney-at-Law Act, shall provide or promise to receive money, valuables, entertainment or other benefits or provide them to a third party in return for providing or promising to provide them to an appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents and other legal services in connection with cases;

On July 31, 2014, the Defendant received KRW 1,500,000 from B at a non-permanent place on July 31, 2014; KRW 10% of the judgment amount in case of full winning; and KRW 1,00,00 in case of partial winning; and KRW 5% of the judgment amount in case of partial winning, the Defendant’s performance of the claim for loans to C, D, E, and F; and on the same day, the Defendant received KRW 1,00,000 from the SC bank account in the name of the Defendant

As a result, the defendant is not a lawyer, and the defendant has dealt with legal affairs such as preparation of legal counseling documents concerning civil litigation and preservation litigation.

2. The fraud Defendant made a false statement to the victim B, at the date, time, and place specified in the foregoing Paragraph 1, stating, “The Defendant would have to collect the claim by carrying out a preservation lawsuit, such as a loan claim lawsuit against four debtors, provisional seizure of the claim, etc., on the face of the appointment fee and the litigation execution expenses.”

However, the fact that the defendant only prepared the documents such as the application for provisional attachment of claims, and did not have filed a lawsuit with the actual court. The money received from the victim as a litigation expense is used as the living expense of the defendant, and there was no intention or ability to recover the claims.

As such, the Defendant deceiving the victim and received KRW 1 million from the victim, namely, in the name of the Defendant, from the victim, to the SC Japan bank account in the name of the Defendant as the fees for civil litigation, and deceiving the victim over 12 times in total from the above date to December 8, 2014, such as the list of crimes in the attached list of crimes.

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