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(영문) 서울남부지방법원 2020.11.19 2020고단4938
변호사법위반등
Text

A defendant shall be punished by imprisonment for six months.

14,933,750 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. No person, other than an attorney-at-law who has violated the Attorney-at-Law Act, shall handle or promise to receive money, valuables, entertainment or other benefits, in dealing with legal affairs, such as representation, legal counseling, preparation of legal documents, and other legal affairs concerning legal cases,

around July 2016, at the office of Jung-gu Incheon Metropolitan City, the Defendant received KRW 644,440 from the E account (F) in the name of the Defendant around July 27, 2016, a total of KRW 14,93,750 over eight times, as shown in the attached crime list, from around that time to June 7, 2019, including the transfer of KRW 64,440 to the E account (F) in the name of the Defendant.

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

2. Embezzlement;

A. From September 18, 2018, the Defendant: (a) was delegated to the victim C with the authority to withdraw KRW 35,000,000 of the deposit under Article 10962 of the Incheon District Court Decision 2018Kadam865 (Consent) around September 18, 2018; and (b) was deposited by the Incheon District Court in the E bank account in the name of the Defendant and embezzled KRW 35,039,718 on September 18, 2018; and (c) was deposited at KRW 35,000,000 on the same day while the Defendant transferred KRW 35,00,000 to the H bank account in the name of G (I) operated by the Defendant to the H bank account in the name of the Defendant; and (d) was embezzled by arbitrarily consuming the amount of employee’s benefits, etc.

B. On September 20, 2018, the Defendant was delegated by the victim C with a compulsory execution on the corporeal movables owned D Co., Ltd. around November 14, 2017.

On September 19, 2019, J enforcement officers of the Incheon District Court sold the corporeal movables of the said corporation D to KRW 1,890,000, by conducting a provisional auction of the corporeal movables of the Incheon District Court (creditor C and debtor D) from the 46-ro, Jung-gu, Incheon, Jung-gu, Incheon, Incheon to the 2016Gadan48876 of the Incheon District Court (creditor C and debtor D) as its executive title.

Defendant.

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