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(영문) 서울남부지방법원 2013.04.05 2012노2085
변호사법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. Around October 2006, Defendant A received sales slips, etc. from E, by dividing 50% of the recovered amount after collecting claims held by Defendant A and E in the passenger car near the Korean Electric Power Office located in Yeongdeungpo-gu Seoul Metropolitan Government.

Defendant

A delivered 2.2 million won to G in terms of expenses for recovery of claims, G transferred E's claims to Defendant B, and prepared documents necessary for the application for payment order on November 1, 2006, and Defendant B filed an application for payment order with the Seoul Southern District Court on Seoul Southern District Court on April 2007, and G filed an application for the attachment order and collection order with Seoul Southern District Court on April 2007.

As a result, the Defendants conspired with G to receive money and valuables in collusion with G and dealt with the preparation of legal documents such as recovery of claims and other legal affairs.

B. On April 2007, the court below found the Defendants not guilty on the grounds that Defendant A agreed not to participate in the collection of “H affiliated claims” including E’s claims under the agreement with H on February 1, 2007, and on April 2007, Defendant B did not have any evidence to recognize the fact that the promise to provide money and valuables was made with E, and that Defendant B was not guilty on the grounds that the statute of limitations for five years has expired with respect to the violation of the Attorney-at-Law Act regarding the violation of the act of requesting a payment order on November 1, 2006.

2. Summary of grounds for appeal by a prosecutor;

A. Money and valuables are given in return for recovering claims from E by assertion of mistake of facts concerning the violation of the Attorney-at-Law Act of applying for collection and seizure of claims.

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