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(영문) 수원지방법원 성남지원 2015.11.04 2015고단1040
변호사법위반등
Text

A fine of KRW 5,00,00,000, and a fine of KRW 2,00,00, respectively, shall be imposed on the first offense in the judgment of the defendant.

Reasons

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Seoul Central District Court, and the above judgment became final and conclusive on December 28, 2013.

1. On April 24, 2013, the Defendant violated the Attorney-at-Law Act was investigated by the police on suspicion that he had engaged in credit business without registration from the victim C while making telephone conversations with the victim C in the French area of not more than Gwangju Metropolitan City. The Defendant, upon the request of the police officer, was asked to help the victim take a disposition of non-guilty charges through the police officer, and the victim “The victim was sent five million won from the victim to the Agricultural Cooperatives Deposit Account (Account Number D) in the name of the Defendant, under the pretext of teaching expenses with the police officer in charge of the instant case on the same day.

As a result, the defendant received money and valuables under the pretext of solicitation of investigative cases being handled by investigative agencies with respect to cases or affairs handled by public officials.

2. On February 10, 2014, the defrauded Defendant: (a) called the victim C by telephone, and then obtained only the land development permission on the above land from the bank. In such a case, the Defendant borrowed the existing loan only 5 million won; and (b) provided the loan from the bank to the effect that the Defendant would pay KRW 130 million for the existing debt within 15 days in combination with the existing debt KRW 125 million.

However, in fact, the Defendant did not engage in the development of land at the time, and did not have any particular property or income, so even if he borrowed money from the victim, he did not have the intent or ability to repay it.

Nevertheless, the defendant makes a false statement as above, and 5 million won is the agricultural bank deposit in the name of the defendant under the name of the victim on the same day.

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