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(영문) 수원지방법원 안산지원 2014.09.23 2013고단3024

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant had paid 23 million won personal debt, he tried to acquire money by deceiving the money with the intention of selling the money related to the law, based on the experience that he had worked at an attorney-at-law office before doing so.

1. On February 10, 2009, the Defendant received KRW 550,00 from the victim’s new bank account on February 19, 2009, the Defendant stated that “B had many days of divorce litigation, and an attorney-at-law working within the office delegated divorce litigation to an attorney-at-law specializing in divorce litigation, may receive consolation money if he/she wants to receive consolation money.”

However, as the Defendant did not work at the attorney-at-law office, even if he received the above money from the victim, he did not have the intent or ability to act as an agent for the divorce lawsuit and received money from the victim was considered to be used for the repayment of personal debt or living expenses.

Nevertheless, the Defendant, as seen above, received KRW 550,00 from around 4 times to March 27, 2009, as indicated in the attached crime list (1) including the receipt of KRW 550,00,000 by deceiving the victim.

2. On July 4, 2009, the Defendant: (a) at H near G in Seoul, Seoul, the Defendant paid KRW 18,000,000 in cash deposit and KRW 8,000,000 in cash if replaced with the guarantee insurance, and (b) received money from the victim to the head of the Tong in the name of the Defendant around July 15, 2009, as to the temporary injunction application for the real estate in this case (hereinafter “the real estate in this case”).

However, at the time of fact, the defendant did not think of the use of the money with respect to the deposit money even if he received the above money from the victim.