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(영문) 수원지방법원 2017.09.21 2017고단2861
사기등
Text

As to the crime No. 1 of the judgment of the defendant, the defendant is punished by a fine of KRW 5,00,000, and the crime No. 1 of the judgment and No. 2 of the judgment.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 22, 2013, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for perjury at the Suwon Friwon, and the judgment became final and conclusive on December 12, 2013.

[Criminal facts] The defendant is a person who has operated a certified judicial scrivener office under the trade name of "A certified judicial scrivener."

On April 2012, the Defendant received from C the claim amounting to KRW 200 million out of KRW 800 million against D, and became aware of the victim E, which is a creditor of C, and had the victim take over KRW 450 million out of KRW 800 million, and had the victim take over the claim amounting to KRW 4550 million and receive the repayment of the claim, which is delegated to the court and the prosecutor's office with respect to the transfer and acquisition of the above claim.

1. Fraud;

A. On December 5, 2012, the Defendant filed a criminal complaint against the Victim E (hereinafter “D”) with the victim E, “A criminal complaint may be detained, and may receive money from the victim E without filing a lawsuit.

"In doing so, the victim had the victim enter into a contract for the acceptance of criminal complaint with F attorney-at-law in relation to F attorney-at-law and bear 10 million won attorney fees.

After February 4, 2013, the defendant is proceeding with the victim E by the F lawyer in relation to the case of a D criminal complaint.

When the original criminal case is completed, the case fee shall be paid additionally to the attorney-at-law on the condition that he/she does not receive any contingent fee in the future.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not agree with the attorney-at-law for contingent expenses, and 5 million won received from the injured party was thought to be used for living expenses, personal debt repayment, etc.

The Defendant received KRW 5 million from the damaged party to the corporate bank account in the name of the Defendant, under the pretext of success fee.

B. On March 24, 2014, the Defendant made a seizure against the victim regarding D’s debtor G in civil litigation.

2. the seizure.

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