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(영문) 수원지방법원 성남지원 2016.01.22 2015고단1441

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 6, 2010, the Defendant was sentenced to two years and six months of imprisonment for a crime of fraud, etc. at the Suwon prison on September 6, 201. On January 28, 201, the Defendant was sentenced to imprisonment for a crime of fraud, etc. at the Suwon prison on January 28, 201, and completed the execution of the sentence on August 21, 201.

On April 2015, the defendant presented the name of the "Law Office of Attorney C" to the victim B who is in mind of the issue of release of his under detention at the 1st exit of the Sinnam-si, Sungnam-si on the date of 2015, and served as the head of the attorney-at-law office after his retirement from office as an executive officer of the prosecution.

I would like to get deposit and release release by applying for bail through an attorney-at-law who is aware of the payment of money.

“.............”

However, at the time, the defendant did not work as an attorney-at-law and did not intend to deposit money or to file a release on bail only when he did not intend to obtain money from the injured party.

Nevertheless, the Defendant, by deceiving the victim and deceiving the victim, up to May 19, 2015, up to the Defendant’s agricultural account from the damaged party.

5. On 21.6 million won, a total of 6.5 million won was remitted and acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B or D;

1. A copy of a name box;

1. Investigation report (Submission of a detailed statement of the amount of damage paid to the criminal suspect and the statement of passbook transaction);

1. Previous convictions: Application of a reply to inquiry, each report on investigation (verification of the criminal records of the suspect, and confirmation of the period of repeated offense of the suspect);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The crime of this case with the reason for sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense is that the defendant acquired money by deceit by using the circumstances where the victim is detained, and the quality of the crime is not good. In addition, the defendant has been sentenced several times to punishment due to fraud under the same law, violation of the law by attorney-at-law, etc., and again commits the crime of this case during the period of repeated crime.