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(영문) 부산지방법원 2018.11.12 2018고단2823
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant, on August 31, 2012, was sentenced to two years of imprisonment for a crime of fraud in support of Sungnam branch of Suwon branch of Suwon branch of the same year; on December 20 of the same year, the Defendant was released on August 14, 2014 during the execution of the sentence, and the period of parole passed on December 21 of the same year.

[Criminal facts]

1. On April 12, 2017, the Defendant committed a crime against the victim C sent the Plaintiff’s attorney’s fees to appoint a lawyer in Seoul and receive the two-month dismissal allowances to the victim via D at an influent place of the Busan or lower place.

(C) made a false statement to the effect that “......”

However, since the defendant did not have any special property or income at the time, even if he received money from the injured party as the source of litigation costs, he did not have the intention or ability to appoint a lawyer in relation to unfair dismissal of the injured party.

The defendant deceivings the victim as such and receives 500,000 won from the Jeju Bank account (Account Number: E) in the name of the defendant on the same day as the expenses for attorney appointment from the victim, and from the above day to the same year.

5. By October, 500, a total of KRW 9.60,000 was issued four times as shown in the annexed list of crimes (1).

2. On April 12, 2017, the Defendant sent a phone call to the victim at a closed place and sent the cost of attorney-at-law to enable the victim to receive KRW 4.710,00,00 through an attorney-at-law specializing in retirement allowances, etc. in many cases where people are unable to receive gold, etc. due to retirement.

(C) made a false statement to the effect that “......”

However, since the defendant did not have any special property or income at the time, even if he received money from the injured party under the pretext of the lawyer's fee, it was thought that he will use it as living expenses, etc.

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