A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2016 Highest 4006] The Defendant was a person who worked as a chief secretary at the D's office located in Daejeon-gu Daejeon from May 201 to December 31, 2015.

1. Crimes against victims E;

A. On December 2014, the Defendant committed fraud under the pretext of attorney fee, saying, at the above attorney-at-law office, in relation to F’s fraudulent criminal act and lawsuit, the father of the victim, that “The Defendant would appoint a lawyer who is a prime judge of 10 million won and bring the case against F’s criminal act and lawsuit.”

However, even if the defendant was paid KRW 10 million from the injured party as a lawyer fee, he/she shall be paid KRW 5 million among them to D attorneys-at-law, and he/she was planned to use the remaining five million won as a repayment and gambling fund of the liability of the gas station operated by the defendant at the time, and thus, he/she did not intend to use the above five million won from the beginning in relation to the appointment of the lawyer.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim under his/her name on January 28, 2015, and KRW 5 million on July 10, 2015, from the victim to the account under his/her name, and obtained KRW 5 million on July 10, 2015, and issued KRW 5 million among them to D attorney-at-law and acquired the remainder of KRW 5 million.

B. Around July 2015, the Defendant committed fraud under the pretext of contingent fees stated that “The attorney-at-law who will pay the contingent fees in advance other than the advance payment in advance to the victim at the above attorney-at-law office shall have the sex and shall have a great amount of working, 30 million won for the success fees.”

However, even if the Defendant received KRW 30 million from the injured party, the Defendant was scheduled to use the money for the repayment of the obligation and gambling of the gas station operated by the Defendant at the time, and thus, there was no intention to pay the said money to D lawyer as a contingent fee.

The Defendant, as such, deceiving the victim, and deceiving the victim, on July 17, 2015, for the purpose of successful remuneration from the victim.