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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
On April 9, 2014, the defendant was sentenced to a suspended sentence of 2 years and a fine of 10 million won for a year for violating the Attorney-at-Law Act in the Sung-Nam branch of Suwon District Court on April 9, 2014 and the same year.
4. 17. The above judgment was finalized.
1. Around the beginning of May 2012, the victim B stated that “The victim B, who wishes to obtain a right to operate a funeral hall at a coffee shop located in the area of the party branch of Sungnam-si, Sungnam-si, to bid the right to operate the C Hospital funeral hall,” and “the test cost to obtain a right to operate a funeral hall from the C Hospital Foundation, because it is well known with the C Hospital Foundation
However, in fact, the Defendant had no intention or ability to assist the victim to acquire the right to operate the funeral hall, since the Defendant was in need of living expenses, such as the director expenses, due to the progress of the auction at the home, and there was no relationship with C Hospital Foundation.
Nevertheless, the Defendant made a false statement to the victim, and received KRW 260,000 from the victim to the Agricultural Cooperative Account in the name of Do on May 5, 2012, and received KRW 14,020,000 from around that time to February 2, 2013, and acquired the money by remitting KRW 14,020,00 in total over 20 times, as shown in the attached crime list (victim B).
2. Around May 2012, the Defendant stated that “A victim E may purchase land if there is a city maintenance in the vicinity of the Gyeongwon-gu, Seongbuk-gu, Sungnam-dong, Sungnam-dong, and only if there is a city maintenance in an area equivalent to KRW 1.2 billion, the land may be purchased. The purchase of land can obtain profits from the sale of land.”
However, in fact, the defendant did not have the intent or ability to purchase the maintenance together with the victim, because he was in the progress of the auction at the home and did not have the economic ability to invest in the money for the maintenance of the city.
Nevertheless, the Defendant, as above, made a false statement to the victim, and thereby, from the victim, KRW 4,00,000 to the Agricultural Cooperative Account in the name of No. D.