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A defendant shall be punished by imprisonment for not less than three years and six months.
63,000,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[2013 Highest 1084]
1. Fraud;
A. A. Around January 7, 2009, the Defendant committed the crime against the Victim C stated that “A” to the victim C was an attorney-at-law. A apartment house located in the Seoul Jung-gu Seoul Metropolitan Government F has been put into an auction, and may receive a successful bid at a price lower than the market price. The successful bid of the above goods may be handled only by an attorney-at-law, and the cost is needed separately.”
However, the fact was that the defendant is not a lawyer, and even if he receives money from the victim, he was planned to use it as the living cost of the defendant.
As above, the Defendant, by deceiving the victim as above, received KRW 8 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and received KRW 14.5 million in total from around that day to July 8, 2012 from the victim 19 times, such as the list of crimes in the attached list of crimes, and acquired each of them.
B. The Defendant knew of the fact that H filed a lawsuit against the victim G to claim the payment of the construction cost, and acquired it by obtaining KRW 3.5 million from the victim’s house on March 22, 2012, on or around March 15, 2012, on the part of the victim’s house located in Spocheon-si I, notwithstanding that it is not an attorney-at-law, the fact is false to the victim’s “in-house, it is a lawyer, who is the attorney at bar, and at the same time, 3.5 million won from the victim’s house to the victim’s house.”
(2) On April 10, 2012, the Defendant, at the victim’s home, concluded that “The Defendant is not an attorney-at-law, who is not an attorney-at-law, may file a lawsuit against H for damages,” and that “the first lawsuit is a separate lawsuit from the first lawsuit, and the case differs to KRW 3,500,000,000,000,000,000,000,000 won
(3) Around July 6, 2012, the Defendant was a victim’s house, and even if it is not an attorney-at-law, the victim’s real estate owned by the mother.