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(영문) 광주지방법원 2016.01.28 2015고단1261
변호사법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2014, the Defendant violated the defense justice system at the C Office located in the Seo-gu in Gwangju, Seo-gu, Gwangju, upon request from the victim D to agree on the case in which EF was accused of fraud, and then consented thereto.

8. 16. The person received a remittance of KRW 2 million to a new bank account under the name of the defendant as its expenses;

Thus, the defendant, not an attorney-at-law, received money, entertainment or other benefits and dealt with legal affairs such as reconciliation in relation to a case being dealt with by an investigative agency.

2. In the case of embezzlement on August 12, 2014, the Defendant embezzled 20 million won, which was arbitrarily used to repay other debts, while the victim D paid to the said E as agreed money and remitted to the Defendant through G, and was in custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to D or G;

1. A report on investigation (to attach documents submitted by a suspect);

1. Application of Acts and subordinate statutes on the receipt and withdrawal of a copy of a passbook of the Gwangju Bank Account and the Nong Bank Account;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 109 of the Act (a point where legal affairs of a person who is not an attorney-at-law are handled), Article 355 (1) of the Criminal Act (a point of embezzlement) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 116 of the Act, the scope of the final sentence due to the addition of crimes 1 (Embezzlement and Breach of Trust) [the scope of the recommended punishment] No. 1 (4 months to 100 million won) basic area (4 months to 1 year and 4 months) / [the scope of the recommended punishment] No. 2 (Violation of the Law by an Attorney-at-Law) / [the scope of the recommended punishment] the basic area of crimes 1 (2 months to 8 months) basic area (2 months to 100 won) of non-legal affairs, partnership business, etc. of non-legal persons (the person subject to special sentencing] : 4 months to 1 year and 8 months: Imprisonment with prison labor]; 6 months under suspended execution, the defendant who is not a lawyer but is treated at an investigative agency in exchange for money and valuables.

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