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(영문) 인천지방법원 2020.06.04 2020고단983

변호사법위반등

Text

In the case of the crime of the first and second provisional crimes, the defendant shall be punished by imprisonment with prison labor for three months and imprisonment for three months for the second crimes of the judgment.

Reasons

Punishment of the crime

[criminal power] On June 11, 2013, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Incheon District Court on June 3, 2014, and the judgment became final and conclusive on June 3, 2014.

【Criminal Facts】

1. The Defendant in violation of the Attorney-at-Law Act, at the office of Jung-gu Incheon Metropolitan City, around November 2013, knew that the outstanding amount that C did not receive from a construction company is equivalent to KRW 1222 million, and tried to file a criminal complaint against the said construction company. The Defendant intended to assist the said construction company in dealing with the case favorably because there are many people in the police. The amount of money to commence work before the establishment of the written complaint is necessary. The Defendant was transferred from C to the Defendant’s Nong Bank (E) account in the name of his/her parent bank (E) as a solicitation fund for the police officer on the 11th of the same month.

As a result, the defendant received money and valuables under the pretext of soliciting the cases handled by public officials.

2. Fraud;

A. A. Around January 20, 2014, the Defendant made a false statement that “A credit card payment shall be repaid if the Defendant borrowed KRW 5 million from the office of the victim C located in Jung-gu Incheon Metropolitan City, Jung-gu.”

However, since the defendant did not have any income at the time, he did not have any intention or ability to repay the money borrowed from the victim.

Nevertheless, the defendant acquired 5 million won from the victim to the account in the name of No.D. on the same day.

B. On June 21, 2014, the Defendant concluded that “Around June 21, 2014, the Defendant would have repaid the purchase price of Jung Ho-ho’s KRW 15 million with the credit card value borrowed, if he/she borrowed the purchase price from his/her big system, and would have paid the purchase price to the victim,” at the place indicated in the foregoing paragraph (a).

However, in fact, the Defendant did not have a straw purchase place and was thought to consume money from the victim as living expenses, etc., so the victim was 15 million won.

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