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(영문) 서울동부지방법원 2014.09.18 2014고단1489
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 13, 2013, the Defendant violated the Attorney-at-Law Act: (a) appointed a lawyer at a place where his place is unknown even though he was not an attorney-at-law; and (b) prepared a lawsuit document, such as a written complaint and a written withdrawal of a lawsuit, with the amount of KRW 3,450,000,000 in terms of litigation costs, including attorney fees

Accordingly, the defendant, not a lawyer, received money and valuables, and prepared a legal representation and legal document concerning the case.

2. On September 11, 2013, at a location where the location is unknown, the defrauded received money from the said lessor at a location where the location is unknown, and the Defendant made a false statement that he/she would deposit money to the said victim after confirming the victim and confirming that he/she would return.

However, there was no intention or ability to return money even if the defendant receives money from the victim because there was no particular income in the situation where the defendant is urgently required to repay other debts.

The Defendant received 14,960,170 won from the victim to the new bank account of the Defendant on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Results of case search, application of the law of specification of transactions

1. Article 347 (1) of the Criminal Act applicable to facts constituting an offense, Article 347 (1) of the Criminal Act, Article 109 (1) of the Attorney-at-Law Act (violation of the Attorney-at-Law Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing Article 116 of the Attorney-at-Law Act;

1. Scope of the sentence recommended by the sentencing guidelines [decision of type] fraud, general fraud (less than KRW 100 million) (decision of the recommended area] basic area [the scope of the sentence recommended] 6 months to 1 year and six months;

2. The fact that the defendant is led to a confession and is against himself; and

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