A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Despite the fact that the Defendant is not an attorney-at-law, around June 26, 2012, at the residence of the Republic of Korea, the Defendant: (a) requested D to file a lawsuit for return of unjust enrichment; (b) received a written request from D to return the complaint, etc.; and (c) proposed D as follows: (a) “An attorney-at-law has an ability to be an attorney-at-law; (d) he/she does not know about it; (b) he/she would appoint an attorney and resolve the case completely; and (c) requested the above case to the attorney-at-law F in Seocho-gu Seoul, Seoul on June 28, 2012; and (d) requested the above case to the attorney-at-law F in Seocho-gu, Seoul on or around December 18, 2012, remitted the amount of KRW 77 million under the name of his/her appointment fee; and (d) mediated the remaining amount of KRW 100,000,000 for the purpose of private litigation.

2. The defrauded received a request from D to resolve a lawsuit claiming restitution of unjust enrichment as above. On June 2012, the Defendant found the victim D’s residence and made a deposit to the victim for resolution of the case. The Defendant made a false statement to the effect that “In preparation for the settlement of the case, 140 million won should be prepared. If the money is prepared, 140 million won should be called a liquor tax.” The Defendant made a false statement to the victim to the effect that the deposit is needed for resolution of the instant case.

However, in fact, it was not necessary to deposit in relation to the above lawsuit, and it was thought that it was used to pay the defendant's personal debt by receiving money from D as deposit money.

On July 3, 2012, the Defendant, by deceiving the victim as above, received KRW 120 million from the victim’s residence around July 3, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of statement and copy of the protocol of statement;

1. The application of Acts and subordinate statutes attached to investigation reports (D-A Fund flow reports), investigation reports, and the details of account transactions in a national bank account under A;

1. Article 347(1) of the Criminal Act applicable to the crime