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(영문) 인천지방법원 2018.01.11 2017고단4245
사기
Text

A person shall be punished by imprisonment with prison labor for not less than 5,00,000 won, or for not more than 2 crimes as set forth in the holding.

Reasons

Punishment of the crime

On September 13, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on September 13, 2012,

1. On September 2015, the Defendant has insufficient operating expenses for the processing of tin in a non-fluorous place with a view to the victim E at the beginning of the Seocho-gun of the Gyeongnam-gun.

A false statement was made that the loan of KRW 10 million would be repaid within three days on the one hand.

However, in fact, the defendant did not have any particular monthly income and property, and did not pay approximately KRW 50 million, and was in arrears, and there was no particular benefit due to the difficulties in the circumstances of the defendant's company operated.

Nevertheless, on September 15, 2015, the Defendant was transferred KRW 10 million to a bank account G in the name of the F Bank in the name of the F Bank in charge of the settlement of accounts in September 15, 2015 by deceiving the victim as above.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 2009, the Defendant: (a) stated to the effect that, with respect to the civil litigation of the victim D, the Defendant: (b) stated that “the female members of I, who served as the Incheon Administrative H, work as the secretary at law firmJ; and (c) requested the case at this time, can be resolved well; and (d) received a delegation of attorney appointment and appointment fee from the injured party by the victim, by deceiving the victim’s actual attorney appointment fee, etc., and received money from the victim.”

On July 2009, the Defendant made a false statement to the effect that “The above victim requires KRW 10 million as attorney fee and KRW 5 million as attorney’s entertainment expenses,” from the mutual infinite convenience store located in the Nam-gu, Incheon Metropolitan City.”

However, in fact, although the appointment fee of a lawyer on behalf of the victim was five million won, the defendant made a false statement to the victim about the appointment fee, and only a part of the amount paid by the victim as a lawyer fee is used as a retainer fee.

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