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(영문) 서울중앙지방법원 2016.12.14 2014고단3763

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On December 29, 2009, the Defendant was sentenced to one year and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on May 21, 2010, and the said judgment became final and conclusive on May 21, 2010. On November 30, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on February 4, 2015, and became final and conclusive on May 14, 2015.

Around January 6, 2009, the Defendant requested the victim C to the E office of the law firm in charge of the Defendant’s operation of the 9th floor of the building D, “B is an attorney specializing in the litigation. He requested the Plaintiff to bring a lawsuit in order to find the land under the view of the Plaintiff, the original owner of the F of Gyeonggi-do F, and at the end of six months, the client may obtain a favorable judgment that recognized the ownership, and at the time of confirmation of the winning decision, 40% of the interest amount was transferred from the original owner who requested to recover the land under the view that 40% of the interest amount was to be paid as the profit of the principal invested. The Defendant would not be able to bring a loss at the time of winning the judgment, but it would be returned along with the principal and 24% interest at the time of loss, and the Plaintiff would also receive a preferential payment in the outcome of the special lawsuit in charge of the purchase of the apartment in Gyeonggi-do.”

However, in fact, although a registration of preservation of ownership has been made in the name of the State, the defendant plans the so-called water aircraft noise incident that is claimed for damages caused by noise damage by residents near the air airfield of Suwonwon, and excessive expenses were incurred in preparing for and conducting the lawsuit. Since around 2005, the defendant bears a debt equivalent to about five billion won for the above excessive expenses.