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(영문) 서울남부지방법원 2016.07.21 2015고단4910
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on October 27, 2015.

On April 2008, the Defendant did not have property under his own name, and did not have been admitted to a certain hospital, and the Defendant was not able to carry out the lawsuit as an attorney-at-law since he did not have acquired the lawyer qualification.

1. Around April 6, 2008, the Defendant against the victim D made a false statement to the victim D on April 6, 2008, that “When the Defendant paid the fees to be paid to an international attorney-at-law, the Defendant detained the FF president G to the victim of the reported case.”

However, the defendant was not an attorney-at-law, and there was no intention or ability to act on behalf of the victim even if he received the fees.

As such, the Defendant received from the injured party a total of KRW 14 million on the same day as the fee, and KRW 19 million on July 12, 2008, including KRW 5 million on the same day.

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

2. Around April 17, 2008, the Defendant against the victim H made a false statement to the victim H of the Guro-gu Seoul Metropolitan Government E-building 201 that “If the Defendant has invested KRW 50 million as a certain source of investment, he/she would pay 2% profit of the principal of each month and return at any time and at any time make a request for return.”

However, the defendant did not have any property under his/her own name and did not have any certain amount of hospitalization, and did not know a certain investment place to receive principal and profit, and even if he/she received money from the injured party, he/she did not have any intent or ability to repay principal and profit.

As such, the Defendant received from the victimized person a remittance of KRW 50 million to the account under the name of the Defendant for the same day as the investment money.

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

3. The criminal defendant against the victim I is the defendant on April 6, 2008, Guro-gu Seoul.

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