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(영문) 서울동부지방법원 2013.09.13 2012고단3336
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

The Defendant was living together with the victim D from around 2007 to May 2012.

1. Around July 10, 2009, the defrauded promised to the victim’s home located in Songpa-gu Seoul, that “I would like to find his/her right by filing a lawsuit against his/her words, etc. and transfer his/her shares for convenience,” and that “I would like to file a lawsuit by appointing an attorney-at-law on behalf of his/her transfer documents and costs of lawsuit.”

Since then, on March 28, 2009, the Defendant appointed an attorney-at-law and filed a lawsuit claiming repayment of loans, etc. with Seoul Eastern District Court 2009Kadan17708, which was transferred to the same court collegiate division, and the judgment was continued as 2009Kahap18180, and the lawsuit was pending in Seoul High Court 201Na18132.

The defendant tried to obtain money from the victim by iceizing the attorney's fees for the above lawsuit at that time.

On July 21, 2009, the Defendant received KRW 11 million from the victim under the pretext of the appointment of an attorney-at-law and the commencement fee, and received KRW 570 million deposited by the victim from the Defendants in the first instance trial after winning part of the case, the Defendant received KRW 60 million under the pretext of attorney-at-law’s success fee on February 21, 201, and received KRW 12 million under the pretext of attorney-at-law’s fee and retainer fee on April 6, 201, and received KRW 83 million under the pretext of attorney-at-law’s fee and retainer fee on April 6, 201.

However, in fact, the amount that the defendant has to pay to the lawyer in relation to the above lawsuit is limited to 14.3 million won.

Accordingly, the defendant deceivings the victim as above and acquired 68.7 million won, which is the difference from the victim.

2. On January 21, 2011, the Defendant won part of the case in Seoul Eastern District Court 2009Kahap18180, and the Defendant won part of the case, and the Defendants.

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