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(영문) 서울북부지방법원 2016.11.30 2016고단4310
사기등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant in violation of the Attorney-at-Law Act is a person who has been engaged in B(D) business from around September 2002 to around September 2014.

No person, other than an attorney-at-law, shall handle or promise to receive money, valuables, entertainment or other benefits, legal affairs, such as representation, legal counseling or preparation of legal documents, in connection with a litigation case.

Around June 12, 2013, the Defendant agreed to handle all business affairs related to debt collection of KRW 30 million to E and E debtors F at D offices located in Seoul Special Metropolitan City, Nowon-gu, the Defendant was not an attorney-at-law, and entered into an application for payment order, including “creditor E, debtor F, claim amount of KRW 30 million,” at B offices located in Gwangjin-gu Seoul Special Metropolitan City on July 12, 2013, and submitted the application for payment order to the Seoul Northern District Court for the submission of the relevant notification to the Seoul Northern District Court, and received the total amount of KRW 277,50,000, KRW 219,000, KRW 250, KRW 250, KRW 250, KRW 2505, KRW 205, KRW 705, KRW 505, KRW 2505, KRW 205, KRW 755, etc., from August 13, 2013.

Accordingly, even though the defendant is not an attorney-at-law, he received money and handled legal affairs.

2. On August 2013, 2013, the Defendant made a false statement to the victim’s office in the victim E’s office, such as Paragraph 1, with the victim’s “a transfer of KRW 6 million to the court to secure the claim.”

However, in fact, the victim as the creditor did not have any reason to deposit in order to secure the claim, and the defendant only has the purpose to use the money as the deposit money for the repayment of the personal obligation with the money as the deposit money.

The defendant is the sum of 600,000 won around August 27, 2013, and 5.4 million won around September 2, 2013.

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