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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
[2014 Highest 1714] The Defendant, from February 2007 to March 2008, received money from the clients visiting the said office for personal rehabilitation, bankruptcy application, preparation of various civil lawsuits, etc., even if he/she was requested from March 2008 to March 2008, from March 2008 to October 2012, and from around October 2012 to around June 10, 2014, he/she did not intend or have the capacity to normally proceed with such affairs, and instead, he/she received money as commission and service fee.
1. Victims H;
A. On October 18, 2007, the Defendant: (a) consulted with the case of bankruptcy of the victim H, who requested the filing of an individual petition, and received various documents necessary for the filing of the petition for bankruptcy from the victim on the same day; and (b) stated that “the money necessary for the filing of the petition for bankruptcy is deposited into the Japanese bank account in the name of the E judicial scrivener listed in the Bankruptcy Remuneration List by October 19, 2007.”
On October 19, 2007, the Defendant again called the victim's telephone at the above certified judicial scrivener office, "I am able to transfer the fee of KRW 3.2 million for each person to a single bank account under the name other than the account under the name of E certified judicial scrivener, because I would like to reduce the bankruptcy petition of the width and husband to the Jeonju District Court, 1.6 million won."
However, the defendant did not know of the fact that he did not know of the fact that he did not have the intention or ability to normally proceed with the petition of bankruptcy requested even if he received the money from the victim.
Nevertheless, the Defendant, by making such a false statement, deceiving the victim as above, and was transferred KRW 3,200,000 from the victim to the Japanese bank account under the name of the Defendant around October 19, 2007.
(2) The Defendant on February 12, 2013.