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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who, from around May 2004 to May 201, worked as a secretary at the “Attorney D’s Legal Office” located in the Suwon-si Office 308 of Suwon-si, Suwon-si.
On November 1, 2009, the Defendant received KRW 5 million from the victim on November 13, 2009, when he/she won in the above legal office, in relation to the traffic accident case against the father of the victim E, and received KRW 5 million from the victim on November 13, 2009.
1. On July 29, 2010, the fraud defendant at the above legal office around the end of July 2010, stated to the effect that “In order to win in the civil litigation in relation to the traffic accident case of the father of the party in progress at the current Suwon District Court, the police or the court-related persons are identified and identified, and as evidence collection activities should be conducted, the amount of 5 million won shall be increased to KRW 10 million and paid in advance, and if the lawsuit is lost, all the money received shall be returned.”
However, the Defendant was not able to repay the financial rights worth KRW 150 million on or around 2006, and became bad credit holders. On or around 2008, the Defendant paid 300,000 won each month upon receiving a decision of individual rehabilitation from the court. From early 2010, the Defendant was able to use only a part of them as litigation expenses, such as attorney's fees, and the remainder was used as personal property, such as living expenses and repayment of debts. However, the Defendant did not have the ability to use money for the purpose of the victim or return all the money which was lost in the said lawsuit.
Accordingly, the Defendant, by deceiving the victim, was transferred KRW 10 million from the victim around July 29, 2010.
2. On August 4, 2010, the Defendant committed fraud on August 4, 2010.