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(영문) 서울중앙지방법원 2016.11.29 2015고정2344
사기등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around the end of December 2013, the fraud Defendant stated that “The victim F shall prepare a criminal complaint and civil complaint, and bring 20% of the recovered amount after aiding and abetting the recovery of claims,” in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, Seoul, the Defendant borrowed only KRW 10 million. It would have to be repaid after one month.”

However, even if the defendant receives KRW 10 million, he did not intend or have the ability to prepare a criminal complaint and civil complaint on behalf of the victim and recover the claim and pay the above money.

On January 10, 2014, the Defendant enticed the victim as above, and caused G to transfer KRW 10 million to the post office account under the name of the Defendant.

2. No one, other than an attorney-at-law who has violated the Attorney-at-Law Act, shall handle or arrange legal services, such as appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, etc. with respect to cases of litigation, investigations conducted by investigation agencies, general legal cases, etc.;

On December 2, 2013, the Defendant: (a) promised to collect the victim’s claims from the victim F to receive 20% of the recovery amount from the victim F, such as the provisions of the preceding paragraph in Seocho-gu C subway D No. 14; and (b) prepared and issued a written complaint for recovery of claims; and (c) received a remittance of KRW 10 million as the borrowed money on January 10, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 109 subparag. 1 of the Attorney-at-Law Act (the point of violation of the Attorney-at-Law Act), and the choice of a fine, respectively, for criminal facts;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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