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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On May 7, 2008, the Defendant sentenced one year and two months to imprisonment for fraud, etc. at the Busan District Court on November 13, 2008, and completed the execution of the sentence.
1. In fact, the Defendant was working as an employee of the D Lawyer Office in Busan Metropolitan Government C. 501, and was in charge of the receipt of civil and criminal cases, preparation for trials, and accounting affairs. However, even if he received attorney fees from the clients, he did not notify it to the attorney, or even if he was aware of the attorney, he did not receive any additional costs from the attorney. However, even though he did not know of the attorney, the Defendant was able to receive the victims by receiving the money from the attorney as if he had been actually engaged in the litigation affairs.
Around December 29, 2008, the Defendant: (a) as if he/she had consulted with the victim E who had been unable to receive the construction cost of the said office and had been consulted through a lawsuit, auction, etc., and (b) had been paid a total of KRW 17,660,000 in several occasions from around that time to November 9, 2012 for attorney fees, deposit money, auction expenses, etc.; and (c) on May 31, 2011, the Defendant got the victim E who had been consulted with a criminal case, and was given a total of KRW 9,540,000 in several occasions from that time to November 1, 201 as attorneys’ fees, deposit money, etc.
In addition, the Defendant received a total of KRW 708,090,000 from the victims from December 29, 2008 to December 5, 2012, as shown in the crime inundation list, and acquired it by deception.
2. Around August 14, 2012, the Defendant, while working as an employee of the D attorney-at-law office, embezzled the amount of KRW 928,00 from the victim F, who requested registration of the said office, while receiving KRW 928,00 from the victim F, who was in custody, using the said amount for personal purposes around that time.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. H, I, J, K, L, M, N, P, Q, R, T, T, and U respectively.