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(영문) 수원지방법원성남지원 2020.08.18 2019고단3285
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

Criminal facts

Some of the facts charged were corrected.

No one, other than an attorney-at-law, shall handle or arrange legal services, such as appraisal, representation, arbitration, reconciliation, solicitation, legal consultation or preparation of legal documents, in connection with cases of litigation, non-contentious cases, household conciliation or adjudication, or other general legal cases, in return for providing or promising to receive money, valuables, entertainment or other benefits, or for providing or promising to provide such things to a third party.

Nevertheless, the Defendant, in collusion with E, F, and G, an employee, while engaging in real estate investment consulting business under the trade name of Songpa-gu Seoul building C, prepared a certificate of content that “The sales contract for the I apartment in Gyeonggi-si was concluded by deceiving the I apartment in a false or false advertisement, and thus the contract is cancelled or cancelled by Article 110 of the Civil Act and Article 3 of the Act on Fair Labeling and Advertising, etc., and received the said certificate of content from H to J corporation on January 28, 2019, and received KRW 3 million from H to the corporate bank account in the name of the Defendant on January 2, 2019, respectively, from January 30, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes of the police officer’s written statement concerning H of the Defendant’s legal statement to the prosecutor’s statement document (37 pages of the investigation record), the contents of the Kakakao dialogue (12 pages of the investigation record), the remittance statement (61,62 pages of the investigation record), and the consulting service contract (258 pages of the investigation record).

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and subparagraph 1 of Article 109 of the Act on the Selection of Punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Scope of punishment by law for sentencing after the latter part of Article 116 of the Attorney-at-Law Act: Imprisonment; and

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