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(영문) 서울남부지방법원 2013.05.22 2013고단950
사기등
Text

The defendant shall be punished by a fine of three million won for the first crime, and a fine of three million won for the second crime in the judgment.

Reasons

Punishment of the crime

On July 15, 2009, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Eastern District Court for fraud, etc. and the said judgment became final and conclusive on September 19, 2009.

1. On May 2, 2007, at the C hotel coffee shop located in Gangseo-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “The victim E, as the respondent, submitted a written petition to the prosecution, and the F, wanted to be detained” from D, “The victim E, as the respondent, will be bound by the prosecution.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to detain F.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim through D and acquired it by fraud.

2. On December 201, 201, the Defendant violated the Attorney-at-Law Act, at the Seocho-gu Seoul Metropolitan Government Office of G building management, made a criminal case against the Defendant: (a) requested the Defendant to file a complaint in fraud; (b) agreed to receive 10% of the amount of money received from H as the repayment of borrowed money or borrowed money; and (c) made and delivered a written complaint to H through the J, which was known to the Defendant.

Accordingly, the defendant, not an attorney-at-law, promised to receive money and valuables, prepared legal documents and handled legal affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and H;

1. Copy of the complaint;

1. Previouss before and after judgments: References to criminal records, investigation reports (formers and attachment of court rulings) and application of statutes attached to such judgments;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 109 subparag. 1 of the Attorney-at-Law Act, and selection of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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