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(영문) 서울북부지방법원 2015.12.15 2013고단3138
사기등
Text

The criminal defendant shall be punished by imprisonment for four months and by crimes as provided in paragraphs (2) through (6) of this Article.

Reasons

Punishment of the crime

[A final and conclusive judgment] On November 8, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Attorney-at-Law Act at the Seoul Northern District Court on the one-year period of imprisonment, etc., and the judgment became final and conclusive on November 16, 2012.

[2013 Height3138]

1. Around July 12, 2011, the Defendant was working as a secretary at the Seocho-gu Seoul Metropolitan Government E-at-law office located in Seocho-gu E Office, and the Defendant made a false statement to the victim C that “The Defendant would request the attorney-at-law to file a claim for damages and file a criminal complaint against the Defendant F.”

However, even if the defendant received money from the victim, he was planned to use the money for the personal purpose, and delivered the money to the lawyer, and there was no intention to have the lawyer accept the case.

As above, the Defendant, by deceiving the victim as above, received from the victim C the total sum of KRW 5 million on the same day, and KRW 10 million on July 15, 201, from the victim C, to the account of the Defendant G bank account of his/her husband and wife.

[2015 Highest 1589]

2. Fraud;

A. On February 13, 2014, the Defendant was working at the 5th floor of the Seocho-gu Seoul Metropolitan Government International Building, and the Defendant made a false statement to the effect that “The Defendant would appoint an attorney-at-law to appoint the friendly K of the detained victim so that it can be sentenced to a suspended sentence at the appellate court.”

However, in fact, even if the defendant received money from the victim, he was planned to use it for the personal purpose, and he did not intend to deliver it to the lawyer to accept the case.

As such, the Defendant, by deceiving the victim as such, received 3 million won from the victim H as a lawyer fee, and transferred 2 million won as a lawyer fee on February 20, 2014, and obtained 2 million won as a lawyer fee from February 11, 2014. On February 28, 2014, at around 21:56 and around 21:10 on February 28, 2014, the Defendant acquired 50,000 won and 200,000 won, respectively, by taking over 5,00 won and 5,70,000 won.

B. The Defendant around March 4, 2014.

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