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(영문) 대구지방법원 의성지원 2020.06.25 2020고단67
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 3, 2006, the Defendant was sentenced to one year and six months of imprisonment and two years of imprisonment for fraud, etc. at the Daegu District Court. On December 14, 2006, the Daegu High Court sentenced on one year of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and completed the execution of each of the above punishment on April 24, 2009, by being sentenced to four months of imprisonment for fraud at the Daegu District Court on February 19, 2008.

On March 15, 2017, the Defendant was sentenced to ten years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court on June 15, 2017, and the judgment became final and conclusive on December 22, 2017. On March 21, 2018, the judgment became final and conclusive on March 21, 2018, which was sentenced to two years of imprisonment with prison labor for the same crime by the same court. On February 1, 2019, the judgment became final and conclusive on May 3, 2019.

On March 12, 2010, the Defendant stated that “The Defendant would appoint an attorney-at-law of KRW 4,500,000,000 as a principal attorney and let him substitute a lawsuit of demurrer against the distribution of real estate and a lease deposit in the office of a stock company located in Seocho-gu Seoul, Seoul.”

However, even if the defendant receives money from the victim as a lawyer's fee, he only thought that he will deliver only a forged attorney-at-law deposit certificate to the victim, and actually did not appoint a lawyer and did not have the intention or ability to act for the victim in the lawsuit.

Nevertheless, the Defendant deceiving the victim as above and received 500,000 won in cash on the same day from the victim, and obtained 4 million won in check on March 15, 2010 and acquired 4.5 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A copy of each police interrogation protocol of the accused and E;

1. Statement to C by the police;

1. Written confirmation of each fact in F and D;

1. An investigation report (the phone statement of a witness D), each legal counseling guide, an investigation report (Attachment to B corporate register of a stock company), and

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