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(영문) 대구지방법원 서부지원 2019.07.10 2018고단3483
사기등
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, shall handle or mediate any legal affairs such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation, preparation of legal documents, and other general legal affairs in connection with any case, non-contentious case, case, adjudication, request for administrative appeal, objection or examination, or other general legal affairs, in return for a promise to receive or promising to receive money, valuables, entertainment, or other benefits, or to give or provide such things to a third party, and no person, other than a certified public labor attorney, shall perform as a profession the duties of appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, or other legal affairs against the relevant agencies in accordance with labor-related Acts and subordinate statutes; and no person, other than a certified public labor attorney, shall perform as a profession the duties of reporting, application, report, statement, request, remedy of rights, preparation of all documents in accordance with labor-related

Nevertheless, around October 2017, the Defendant made a false statement to the effect that “The victim B who is receiving an industrial accident and treating the victim at a hospital located in the Seodaemun-gu, Daegu-gu, would receive a higher degree of disability due to industrial accidents, and would have the victim B receive a higher amount of compensation with trust and good faith.”

However, at the time, the defendant did not have the intention or ability to receive the victim's degree of disability even if he received the money from the victim because he was not an attorney-at-law or a certified public labor affairs consultant.

The Defendant received KRW 4.9 million from the victim on February 19, 2018.

As a result, the defendant is not an attorney-at-law at the same time to receive 4.9 million won by deceiving the victim, and as to administrative appeal, examination request, objection, and other general legal cases.

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