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(영문) 인천지방법원 부천지원 2017.07.20 2016고단2952
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 15, 2010, the Defendant committed a crime at the 'D' restaurant located in Seocheon-si, Busan on April 15, 2010, and the Defendant filed a lawsuit against the victim E, which was found in a large size of the land introduced through the interior of the land, with the authority delegated by the F of the law firm.

In addition, it is necessary to pay the interest of 20% per annum on the loan of money to be used as the stamp for the above lawsuit, service fees, and to pay the additional proceeds when receiving the contingent fees in favor of the above lawsuit.

“.....”

However, at the time, the terms and conditions of the delegation contract of a lawsuit were consulted between the client of the lawsuit and the above law firm in consultation with the above law firm at the time, and not only did the lawsuit were pending, but also when the law firm did not decide whether to proceed with the lawsuit at the above law firm, so the stamp or service fee was not required.

In addition, as long as the above lawsuit is not distributed contingent remuneration, etc. received in favor of the above law firm, the defendant has no intention or ability to pay the above interest or profit to the victim.

In addition, the defendant, who received money from the injured party, was thought to use the whole for the purpose of repaying the private debt to G, one of his creditors.

As above, the Defendant: (a) by deceiving the victim; (b) transferred the victim to the Defendant’s account a sum of KRW 50 million (i.e., KRW 10 million on the same day; KRW 40 million on the 23th day of the same month); and (c) acquired the victim’s money from the victim to the Defendant’s account.

[In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the above crime is fully recognized.

At the time, the defendant has already been delegated the above lawsuit and is proceeding in the law firm.

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