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(영문) 인천지방법원 2019.10.17 2019고단513

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

1,237,500 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[20,000,000 won as stated in the indictment of KRW 210,00,00 as at the time, “210,000” is a clerical error, and the money was needed as the maintenance cost of “F” located in Michuhol-gu Incheon Metropolitan City, and “D Law Firm” located in subparagraph (a) from April 6, 2014 to July 2017.

1. On October 7, 2014, the Defendant received KRW 2,579,00 from the victim who believed to be true, inasmuch as he/she did not have the intent and ability to perform debt collection business, such as filing a lawsuit, even if he/she received a request from the victim G for debt collection due to the foregoing circumstances, the Defendant made a false statement to the effect that “AD Law Firm Office” will act as an agent for debt collection, such as filing a lawsuit, against H and I,” and received KRW 2,579,000 from the victim who believed to be true.

2. On January 21, 2016, the Defendant continued to receive money from the victim and lend the money to a third party as the litigation cost, and received high interest, and thus, did not have the intent and ability to distribute the profit. However, the Defendant received KRW 80,00,000 from the victim’s M account in the name of the Defendant and received KRW 60,00,000, around January 26, 2016 to the Defendant’s M account in the name of the Defendant, with the purport that “The Defendant borrowed money from the victim G and her husband L to a company with no litigation cost (deposit) and divided the interest by 10%.”

Accordingly, the defendant deceivings the victim as above and acquired the total amount of KRW 82,579,00 from the victim.

[2019 Highest891] The defendant is a lawyer of "law firm D" in Nam-gu Incheon Metropolitan City B.