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(영문) 서울중앙지방법원 2014.03.06 2014고단253
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2010, the defendant reported a writ of summons sent by mail to the mother of the victim C residing in the same building at the Seoul Central District Court of Seoul Special Metropolitan City D around October 18, 2010, and became aware of the fact that the victim's family is under civil litigation due to the loan.

Accordingly, the Defendant and the victim made a false statement to the victim and the above D that “E lawyer was aware that the E lawyer was born later, and even before it, the E lawyer would be able to give favorable treatment to the E lawyer. It would be able to appoint E attorney-at-law if the attorney fee is paid.”

However, even if the defendant receives the money from the victim, he did not have the intention or ability to use all the money he received to appoint E in connection with the victim's lawsuit.

Around October 18, 2010, the Defendant received cash of KRW 3 million from the accused victim as attorney-at-law fees, from around October 18, 201, from around March 21, 201, the Defendant acquired total of KRW 67,80,000,00 from around 13 times as shown in the separate crime list from March 21, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Although part of the funds obtained by deception of the reason for sentencing under Article 62(1) of the Criminal Act appears to have been used for the appointment of a lawyer, the punishment as ordered shall be determined by taking into account the following: (a) most of the funds have been acquired to use for private purposes; (b) the amount acquired by deception, etc. is disadvantageous circumstances; (c) the agreement with the victim; (d) the age, health condition, and the confession of the

It is so decided as per Disposition for the above reasons.

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