A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant came to know of the victim while hospitalized in a sick room where the victim B’s children suffered from injury, such as sexual intercourse, due to a traffic accident, were hospitalized in the sick room where the victim was suffering from injury, and then was able to hear her friend that the victim denied the crime in the criminal trial even though the perpetrator was driving a vehicle that was not registered and insured.

On October 2010, the Defendant had to proceed with a civil suit against the perpetrator in relation to a traffic accident at a teahouse in which it is impossible to identify the trade name in the Suwon-si, Suwon-si.

A false statement was made to the effect that the payment of money in the internal company would be considered as a legal counsel appointment.

However, even if the defendant receives money from the injured party under the pretext of appointing a lawyer, he did not have the intent or ability to use this money for other purposes, such as living expenses, and did not appoint a lawyer.

Defendant 1 received 2,200,000 won in cash from the injured party, namely, in the name of attorney-at-law appointment, from the third party.

In addition, the Defendant acquired 3,860,000 won in total through 14 times as shown in the list of crimes in the attached Table between January 3, 2012 and the Defendant obtained and delivered them as attorney appointment expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. A detailed statement of transfer to the victim's account;

1. A warrant for search and inspection of evidence;

1. Application of Acts and subordinate statutes on account transactions of victims;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. The reason for sentencing under Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order (the application for compensation order was filed after the closure of pleadings at the court of first instance) (the scope of recommended sentences).