2015 Highest 3873, 2016 Highest 606 (Consolidation) Fraud, Violation of the Attorney-at-Law Act

A person shall be appointed.

○○○, ○○ (Public Prosecution), ○○○ (Public Trial)

Attorney ○○○ (Non Line)

April 15, 2016

A defendant shall be punished by imprisonment for two years.

Criminal facts

【Criminal Power】

4. Cumulative offense

○ instant case: Cheongju District Court Decision 201 Decided February 20, 2014

○ Contents: Imprisonment for 10 months;

○ Progress: Termination of the execution of the sentence of an official prison on September 25, 2014

/ Other fraudulent records

○ Seoul Northern District Court Decision 2003No. 11 December 2003 ( Imprisonment with prison labor for 6 months and 2 years of suspended execution)

○ Seoul Northern District Court Decision 2006.2.2. Judgment on fraud ( Imprisonment with prison labor for 6 months)

○ Seoul Northern District Court Decision 2008 Judgment on fraud, etc. decided December 17, 2008 ( Imprisonment with prison labor for a year and June)

○ Seoul Northern District Court Decision 200,200,000 won, 200,000 won, including fraud, which was declared on December 24, 2014

[Criminal Facts]

1. No person, other than an attorney-at-law in violation of the Attorney-at-Law Act, shall indicate or state an attorney-at-law or law office.

On October 2014, the Defendant produced the name of '○○○○○○○○○’, a false address and name, other than an attorney-at-law, at the residence in Dobong-gu Seoul, Seoul, and indicated it to A (n, 32 years of age) in a manner that shows it to A (n, 32 years of age), etc.

“2016 Highest 606, 2. Fraud

On January 2015, the Defendant graduated from ○ University, served as a public prosecutor of ○○ District Public Prosecutor’s Office, and began to teach the victim after he retired from ○○ Public Prosecutor’s Office, which became an attorney at ○○○ Public Prosecutor’s Office.

On January 31, 2015, the Defendant had no intention or ability to pay the amount of credit card use to the victim even if he/she used the card of the victim because he/she was not an attorney-at-law and was not an attorney-at-law, and his/her family members were not in contact with him/her, but a credit card was reissued. However, the Defendant did not have any intention or ability to pay the amount of credit card use to the victim even if he/she used the card of the victim because he/she was not an attorney-at-law but there was no certain occupation at the time.

Nevertheless, the Defendant, as seen above, received three credit cards, such as ○ Card 1, around February 5, 2015, around February 13, 2015, by deceiving the victim, and received three copies of the credit card, including ○ Card 1,000,000 from around February 1, 2015, and withdrawn KRW 1,00,00 as cash services using the said ○ Card 1,00,000 from around February 30, 2015, by using three copies of the said credit card from around April 30, 2015, and took property benefits of KRW 21,449,250 in total over 424 times, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 112 subparagraph 3 of the Attorney-at-Law Act (Attorney's False Indication), Article 347 (1) of the Criminal Act (Fraud), and each imprisonment; 1. Aggravation for repeated crimes

Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

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

Grounds for sentencing

Sentencing Criteria

○ Crimes No. 1 (Non-Establishment)

○ Crimes No. 2 (General Fraud) of the Decision: Aggravationd factor (no. e., statutory penalty)

In general terms: Aggravation factors (use of personal trust and repeated crimes of e.g.)

Belgium Recommendation : Aggravation (one year to two years): Imprisonment for a period of three years and a fine of five million won;

(m) Sentence: Imprisonment for 2 years;

○ A person who is under way: Cumulative crime, repetition of the same kind of crime, poor quality of crime (a person who is under way and has access to educational background and occupation, so that he and unmarried women and unmarried women and have no effort to recover from damage, etc.

○ A mitigated person: Confession, difficult-fashion, and taking care of a refashion (fashion of impulses), etc.

* In 203, 2003, 103, 200: (6 months of imprisonment and 2 years of suspended execution): Around 2002, even if (1) the victim met through Internet hosting, the business is both (a motor vehicle design business) and (b) the fraud of money and valuables (3,0160,000 won).

Belgium 2007 ( Imprisonment with labor in June 2007): around 2007, a crime against one victim who was met on the Internet website, such as marriage ice and fraud (20 million won) by deceiving the occupation as a business operator.

Do Governor 2013 (fine 10 million won): From 2010 to 2013, three victims who met on the Internet Mannam website from around 2013, including the use of the card by deceiving occupation as an attorney-at-law ( around 20,0460,000 won)

Do Governor 2014 ( fine of KRW 7 million): around 2013, against one victim who was met at the Internet marriage site, the occupation belongs to the lawyer and the use of e-mail cards by fraud ( approximately KRW 8.180,000).

Judges Owon-ho