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(영문) 부산지방법원 동부지원 2014.12.17 2014고단122
공갈미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, as a person who actually operates D Co., Ltd., which conducts manufacturing of subsidiary materials and wholesale and retail of construction materials, became aware of the land and buildings (a hospital building of the third and fourth floor above the ground, hereinafter referred to as “the hospital building of this case”) located on the F of Busan Northern-gu, through the successful bid of a certified judicial scrivener E, tried to re-sale through lien resolution, finishing construction, etc.

1. On October 7, 2010, the Defendant in violation of the Attorney-at-Law Act prepared a service contract in which the Defendant would aim at resolving the lien in the above E judicial scrivener office located in the building of 1207, Busan, Busan, and G and the hospital building of this case, and the expenses for resolving the lien shall be set at a total of KRW 1 billion and KRW 50 billion shall be paid to the Defendant for resolving the lien within one billion, and pursuant to the above contract, the Defendant appointed a lawyer on behalf of G, appointed a lawyer to resolve the lien through civil litigation or directly agreed with the lien holder.

Accordingly, the defendant, not an attorney-at-law, received or promised to receive money, valuables or other benefits, and dealt with representation, reconciliation and other legal affairs concerning other general legal cases.

2. After concluding a service contract as above with the victim G on November 2010, the Defendant entered into the said service contract with the victim G, and entered into a contract with the extension works for the rooftop of the instant hospital and the construction works for parking spaces on September 201, and kept the victim in custody from time to time in order to use the storage costs and construction costs for the original purpose.

On November 18, 2011, the Defendant arbitrarily disbursed the amount of KRW 176,363,637 out of KRW 3,715,00,00,00, which was paid by the victim until November 18, 201, regardless of the name of the party under the pretext of leading the party to the law.

This is the defendant's property of the victim.

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