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(영문) 수원지방법원 2013.12.05 2013고단4532
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two months.

2,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 12, 2010, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Attorney-at-Law Act, etc. by the Suwon District Court on March 4, 201, and completed the execution of the sentence in the Suwon Detention House on March 4, 201, and on June 21, 2013, the Suwon District Court sentenced eight months of imprisonment with prison labor for a violation of the Attorney-at-Law Act, etc. and decided on October 5, 2013.

The Defendant is a person operating C Co., Ltd. which provides consulting services related to the auction of real estate.

On April 3, 2013, the Defendant entered into a service contract with the victim E on the public auction in Suwon-si, the analysis of the right to real estate for auction, and the consultation on auction of real estate at the above company office located on the third floor of the D building in Suwon-si, Suwon-si, and concluded a service contract with the victim E on the auction of real estate at the time of the occurrence of the auction of real estate and the intermediation of auction of real estate. On June 3, 2013, the Defendant would be awarded the victim a successful bid.

On June 7, 2013, the Defendant arbitrarily consumed KRW 1 million for the expenses incurred in transferring the registration of real estate awarded a successful bid at the above company office, and embezzled it for the expenses incurred in operating the office while keeping it for business purposes.

(b) No person, not an attorney-at-law in violation of the Attorney-at-Law Act, who receives or promises to receive money, valuables, entertainment or other benefits or who provides or promises to provide such things to a third party, shall handle legal counseling, preparation of legal documents and other legal affairs concerning non-contentious cases in the court, or arrange such acts;

Nevertheless, the defendant, not an attorney-at-law, entered into a service contract with E for consulting on real estate auction cases, such as the above paragraph (a), and received two million won of fees for such a contract on April 4, 2013, and entered into a written objection with the court on June 13, 2013 for the "H real estate compulsory auction case" at Suwon District Court on behalf of the victim.

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