beta
(영문) 수원지방법원 2016.04.21 2015고단3999

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2015 Highest 3999" is a person who has worked as the head of the litigation team E of the law office in Seocho-gu Seoul Metropolitan Government D or 7th floor until August 2014.

1. On July 11, 2013, the Defendant: (a) received a traffic accident lawsuit from an attorney-F, etc. of the said legal office from the Korean Bus Mutual Aid Association on behalf of the victim G and received a favorable judgment in the second instance; and (b) received compensation 105,382,02,021 out of KRW 94,82,02,021 from the Korean Bus Mutual Aid Association on behalf of the victim on behalf of the victim; and (c) received the said legal office’s accounting officer H in order to deliver the damages to the victim.

The Defendant deposited the above money in the foreign exchange bank account under the Defendant’s name on July 12, 2013 while keeping it for business purposes, and embezzled the money by using the Defendant’s personal debt repayment, etc. around that time.

2. A. The Defendant, around January 28, 2014, embezzled the compensation for damage to be granted to G as above, and then, whether the said G’s wife “at any time the second instance judgment was closed” from the victim I who was the wife of the said G.

It is necessary to enforce compulsory execution against the victim on the ground that he/she received a demand for "the Korean bus mutual aid association has not paid damages recognized in the judgment of the second instance."

Dispatching 6.5 million won for compulsory execution expenses

In other words, the phrase “assumed” was false.

However, as stated in Paragraph 1, the Korean bus mutual aid association has already remitted the compensation for damages to the above G to the above legal office, and the defendant had received the payment of the compensation for the damages to the above G and used it arbitrarily, so there was no need to enforce compulsory execution against the Korean bus mutual aid association.

As such, the Defendant, by deceiving the victim, received 6.5 million won from the victim to the national bank account under the name of J as expenses for compulsory execution.

B. The Defendant, on June 18, 2013, to the Victim K at a place where it was in fire.