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(영문) 서울중앙지방법원 2014.07.03 2014고단540
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

143,080,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Around January 2009, the Defendant made a false statement to the victim C to the effect that “The Defendant may not immediately be admitted to the Judicial Research and Training Institute because he/she has passed the judicial examination at home, but under the circumstances of house, he/she could not immediately be admitted to the Judicial Research and Training Institute. He/she will take charge of inheritance-related lawsuits at home. The appointment fee shall be given in return.”

However, the defendant did not pass the judicial examination, and even if he received money from the victim under the pretext of litigation costs or election fees, he did not intend to use it as litigation costs related to the victim.

Nevertheless, the Defendant received KRW 300,000 from the victim to the Agricultural Cooperative account (Account Number: D) in the name of the Defendant on January 4, 2009, from around March 21, 2013, and received KRW 143,080,00 from the time to March 21, 2013 in the attached crime list as shown above, and received KRW 1430,000 from the above C in the above manner, and received money from the victim from the victim from March 21, 2013, notwithstanding that the Defendant is not an attorney at the same time, he/she handled the above case as above, such as fees, contingent fees, and other litigation costs of the case related to the inheritance of the female from January 4, 2009 to March 21, 2013, and received KRW 143,080,000 as shown in the attached crime list, with respect to the above case related to the inheritance, and

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Details of transfer (Evidence Nos. 5,6,8,9, 11) and receipts without passbook;

1. Report on investigation (Evidence 27);

1. Application of the statutes governing the details of defendant transactions to be submitted

1. Article 347(1) of the Criminal Act applicable to the facts constituting the crime, Article 109 subparag. 1 of the Attorney-at-Law Act, and the choice of imprisonment;

1. The ordinary concurrent crimes. Article 40 (Punishment to be Specified in Heavy Crimes)

1. Reasons for sentencing under Article 116 of the Attorney-at-Law Act [the scope of recommending punishment] 1 to 4 years (decision of sentence].

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