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(영문) 서울서부지방법원 2017.09.27 2016고단2969

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

32 million won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

The Defendant was asked by the victim E for the appointment of counsel for the case of having filed a complaint with Nonparty F at the Gangnam Police Station, and introduced G attorney as “the case of having a Baduk with the head of H M branch and with the head of the Gu.” On July 4, 2012, the victim entered into the first appointment contract with G attorney at G and the second appointment contract at KRW 5 million on August 9, 2012, and the second appointment contract at KRW 3 million on August 9, 2012.

1. On July 2012, when the victim entered into the first appointment contract, the Defendant concluded a false statement with the purport that, in addition to the attorney fees, G attorney-at-law would transfer 25 million won to G attorney-at-law in cash to H (H local prosecutor's office) on his/her own.

However, even if the defendant received 25 million won from the injured party, he did not intend to deliver it to G lawyers.

Around July 5, 2012, the Defendant received KRW 15 million in cash from the first floor of the Seocho-gu Seoul Metropolitan Government I Law Firm Building on the ground of street funds, and KRW 10 million in cash at the same place as the 12th day of the same month.

As a result, the Defendant received money and valuables under the pretext of inducing victims to receive property and at the same time receiving property from public officials.

2. The Defendant made a false statement to the Defendant on August 2012, 201, when the victim entered into the second appointment contract, to the effect that the Defendant would deliver KRW 7 million in cash, other than the attorney fees, to G attorney-at-law, to the Defendant’s first instance police officer, with the H’s tuition funds in addition to the attorney fees as set forth in the foregoing 1.

However, even if the defendant received 7 million won from the injured party, he did not intend to deliver it to G lawyers as above.

On August 9, 2012, the Defendant got 7 million won in cash from the first floor of the Seocho-gu Seoul International Law Firm Building on August 9, 2012.

Accordingly, the defendant is the victim.