2019 Highest 363 Fraud, Violation of the Attorney-at-Law Act

A person shall be appointed.

Kimhee-hee (Court of Second Instance) (Court of Second Instance) and Plenary (Court of Second Instance)

nan

May 14, 2019

Defendant shall be punished by imprisonment for a term of one year and six months.

A penalty of KRW 150,000,000 shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection shall be ordered.

Criminal facts

On September 28, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the above judgment was finalized on December 23 of the same year.

1. The crime committed on June 7, 2013;

In fact, even if the Defendant received money from the victim B who was under suspicion of gambling abroad, he did not have the intention or ability to conclude the case by soliciting the police by using it, and in fact, was a plan to use the money received from the victim for personal purposes, such as his living cost.

Nevertheless, on June 6, 2013, the Defendant, at the Defendant’s house located in Dongdaemun-gu in Dongdaemun-gu in Seoul, was suspected of gambling abroad, and the Defendant heard that the police officers belonging to the Busan Local Police Agency and the police are investigating and visiting the case and made the phone calls, “finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite.” The Defendant, at the Defendant’s house located in Dongdaemun-gu, called the Defendant’s house located in Dongdaemun-gu in Dongdaemun-gu Seoul, called the head of the external office and called the head of the external office of the Republic of Korea. The Defendant prepared the victim’s checks from the victim’s finite finite 100 million won.

As a result, the defendant received money and valuables under the pretext of soliciting or arranging the affairs handled by the public officials, and at the same time, received KRW 100 million by deceiving the victim.

2. A crime committed on June 17, 2013;

Although the Defendant received money from the victim B who was under suspicion of gambling abroad, the Defendant did not have the intent or ability to commit the instant case by soliciting the police by using the money, and was actually planned to use the money received from the victim for personal purposes, such as his/her living cost, etc.

Nevertheless, around June 17, 2013, the Defendant confirmed that the victim’s home located in Dongdaemun-gu, Seoul and “ has been in Busan.” The case has been resolved definitely by phone to the victim. The need for a meeting cost of the police officers outside the Busan Regional Police Agency and the police officers belonging to the Busan Regional Police Agency and sent KRW 30 million. The Defendant was transferred KRW 30 million to the bank account in the name of C as designated by the Defendant on the same day from the victim.

As a result, the defendant received money and valuables under the pretext of soliciting or arranging the affairs handled by the public officials, and at the same time, received 30 million won by deceiving the victim.

3. Crimes committed on June 2014;

Although the Defendant received money from the victim B who was under suspicion of gambling abroad, the Defendant did not have the intent or ability to commit the instant case by soliciting the police by using the money, and was actually planned to use the money received from the victim for personal purposes, such as his/her living cost, etc.

Nevertheless, the Defendant called the victim at the office of the Defendant located in Dongdaemun-gu Seoul, on June 2014, and called the victim to “the Busan Regional Police Agency and the investigation team need to be replaced, and the personnel affairs should be conducted again.” 20 million won is required. The Defendant sent a false statement to the victim, which is the victim’s June 2014.

At the end, the above Mesim Mesim received two copies of the cashier's checks of KRW 10 million at the coffee shop near the hotel.

As a result, the defendant received money and valuables under the pretext of soliciting or arranging the affairs handled by the public officials, and at the same time, received 20 million won by deceiving the victim.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 111 (Violation of Attorney-at-Law Act) of each Attorney-at-Law Act, and Article 347 (1) of each Criminal Act (a fraudulent point)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Additional collection:

Article 116 of the Attorney-at-Law Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) provides a sentence by comprehensively taking account of various circumstances shown in the records and arguments, including the following: (a) the Defendant had been tried eight times prior to the sentencing of Article 334(1) of the Criminal Procedure Act; (b) the damage was not completely recovered; (c) the crime of fraud for which the judgment in the judgment in the judgment was made and the nature of the crime of this case is not very good; and (d) equity in the case of being tried together with the crime of fraud for which the judgment in the judgment in the judgment in the judgment in the judgment in the

Judges South Korean War -