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(영문) 대구지방법원 서부지원 2019.02.20 2018고단3233
사기등
Text

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

A sum of KRW 16.5 million shall be collected from the defendant.

The above additional collection charge.

Reasons

Punishment of the crime

On April 6, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud at the Daegu District Court on April 6, 2018, and completed the execution of the sentence at the Daegu Detention House on April 26, 2018.

【Criminal Facts】

No one, other than an attorney-at-law, shall provide or promise to provide money, valuables, entertainment or other benefits or cause or promise to provide such things to a third party, in compensation for providing or arranging legal services, such as appraisal, representation, arbitration, settlement, solicitation, legal consultation or preparation of legal documents with respect to criminal investigations and other general legal cases, litigation, etc. which are dealt with by an investigative agency, etc.

Nevertheless, on May 8, 2018, the Defendant: (a) known that the father C of the victim B was detained and pending in the trial after being detained as the murder case No. 2017-type and 28558 of the Daegu District Prosecutors’ Office; and (b) called “poner shall not be deemed to have reached an agreement with the victim because of the age,” and called “poner shall not be deemed to have reached an agreement with the victim; and (c) received KRW 500,000 from the victim around May 11, 2018, and received KRW 16,50,000 from May 11, 2018 to May 31, 2018.

However, at the time of the lack of living expenses, the defendant had the intention to receive money from the victim and use it voluntarily for his/her own living expenses, etc. so even if he/she received money from the victim, he/she did not have any intention or ability to make a settlement or arbitration with his/her father.

As a result, the defendant received money and valuables at the same time as he/she received KRW 16.5 million by deceiving the victim, and at the same time, conducts arbitration, reconciliation or legal counseling in relation to investigation, other general legal cases, litigation cases, etc. which are dealt with by investigation agencies.

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