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(영문) 서울중앙지방법원 2016.04.15 2016고단30
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 30, 2014, the Defendant was urgently arrested at the detention room of the Seocho Police Station on the same day from June 30, 2014, and detained in the detention room B and the victim C. “I will appoint an attorney-at-law who is known to the Defendant.”

The appointment fee is 20 million won per person and is released, and the success fee is 10 million won for each person, and it is required to pay a total of KRW 50 million.

However, in fact, the total amount of attorney fees appointed by the defendant for B and the victim was not more than KRW 30 million.

Nevertheless, the defendant deceivings the victim as above, and then, he shall receive a sum of KRW 20 million, including KRW 20 million and contingent fees of KRW 10 million, from the victim as a counsel fee for the victim, and shall receive KRW 30 million,00,000,000,000,000 from the victim to the bank account (E) under the name of the defendant living together with the defendant, and shall obtain the remaining KRW 10,000,000,000,000,000, excluding KRW 20,000,000 from the above 30

2. On July 2, 2014, the Defendant dismissed and released a warrant of detention in G coffee in Seocho-gu Seoul Metropolitan Government on the grounds that “Along with the fact that the warrant was well dismissed by an attorney-at-law.” Since the Defendant did not pay KRW 10 million out of the attorney-at-law’s fee to be borne by the Defendant, the victim should be resolved.

“A false statement” was made.

1. However, as examined in the above paragraph, the Defendant agreed to appoint a defense counsel for both the victim and the two persons, and agreed to pay 30 million won to both the two persons as a lawyer fee, and did not pay 20 million won out of 20 million won to the victim and the B, respectively. However, there was no fact that B did not pay 10 million won out of 20 million won to the attorney fee that they should bear.

Nevertheless, the defendant deceivings the victim as above and receives from the victim the transfer of KRW 10 million to the above bank account of the victim.

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