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(영문) 춘천지방법원 2018.10.19 2018노726
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

16 million won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant 1’s violation of the law by misunderstanding the facts or misunderstanding the legal principles, Defendant cannot be said to handle legal affairs by aiding and abetting the Defendant’s claim and receipt of the insurance proceeds of B.

In relation to fraud (120 million won), the Defendant had the intent and ability to transfer ownership of the land sold to the victim upon the victim B’s request.

2) The sentence sentenced by the lower court is too unreasonable.

B. Prosecutor 1) In relation to the violation of the Attorney-at-Law Act, the amount of KRW 1600,000,000 received by the Defendant from B is also included in the remuneration for introducing and arranging S attorney-at-law.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. We also examine the Defendant’s misconception of facts, misapprehension of legal principles, and prosecutor’s assertion of mistake of facts concerning the violation of the Attorney-at-Law’s law regarding judgment on the violation of the defense law.

According to the evidence duly admitted and examined by the court below, the defendant prepared documents necessary for B to claim insurance proceeds, informed B of the specific procedures necessary to receive insurance proceeds, and informed B of the fact that doctors and insurance companies employees were aware of the fact that the director of the P office who performed the main business of claiming insurance proceeds on behalf of the victim was taking measures to receive more help and receive more insurance proceeds. This act can be deemed as handling the legal affairs prohibited under Article 109 subparagraph 1 of the Defense Justice Act.

We do not accept the Defendant’s assertion of mistake of facts or misapprehension of legal principles.

One Part B asked the defendant to act on behalf of the general affairs concerning the claim and receipt of insurance money, and the defendant introduced S lawyer as well as the front act in the process of acting on behalf of the defendant.

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