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A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than eight months for the crimes of No. 3 as stated in the judgment of the defendant.
Reasons
Punishment of the crime
On December 23, 2010, the Defendant was sentenced to one year for a violation of the Attorney-at-Law Act in the branch court of the Daegu District Court on April 7, 201, and the judgment became final and conclusive on September 16, 2011. On July 16, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime, such as fraud, and the judgment became final and conclusive on July 24, 2012.
1. On August 2010, the Defendant: “F filed a complaint with the victim C in the Eda located in Daegu Suwon-gu, Daegu Suwon-gu, for fraud”; “F filed a complaint with the victim C by fraud; F, on its face, KRW 20 million, which would be agreed with F, would be accepted upon the withdrawal of the complaint by agreement with F.”
However, at the time, the Defendant was thought to receive money from the victim and use it for personal purposes because the Defendant was in short of living expenses because he was unable to pay 50 million won of debt, such as bonds, and interest thereon. Since F did not have filed a complaint with an investigative agency against the victim, there was no intention or ability to reach an agreement with F even if he received money from the victim under the pretext of mutual agreement with F.
On August 26, 2010, the Defendant, by deceiving the victim as above, obtained 20 million won from the victim as a mutual agreement with F in the above Eda on August 26, 2010.
2. On August 2010, the Defendant, who violated the Attorney-at-Law Act, said that “The victim C had a guidance at the special department of the Daegu District Prosecutors’ Office, and it would be ensured that the case accused by F would not be prosecuted upon the request of the Director. In order to request the Director, it would be necessary to keep the victim C from being prosecuted.”
However, at the time, the defendant was thought to receive money from the victim and use it for his personal purpose because he was in short of living expenses because he was unable to pay 50 million won of debt, such as bonds, and interest thereon. Since F did not have filed a complaint with the investigative agency, it is the Daegu District Prosecutors' Office even if he received money from the victim.