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(영문) 울산지방법원 2018.12.06 2018고정516
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Basic Facts] Upon receipt of a request from B and C to search for the ground set forth in B, the Defendant entered into an agreement with B and C to appoint an attorney-at-law and to bear the cost of attorney-at-law by the victim C and the Defendant on March 7, 2016.

The defendant has received five million won in cash from the injured person for the fee of attorney-at-law in accordance with the above agreement and paid it to the lawyer-at-law on the 23th of the same month, and had the injured person remit directly to the above attorney-at-law on the 23th of the same month.

4. 14. Around 14. 5 million won was remitted from the victim to the said attorney-at-law.

Since then, the Defendant received part of the fees paid to the attorney-at-law as above and received them for personal use.

[Criminal facts]

1. On March 23, 2016, around March 23, 2016, the Defendant, at the attorney-at-law office located in Seocho-gu Seoul Metropolitan Government, made a false statement to the said attorney-at-law as follows: “The above attorney-at-law refund part of the fee of KRW 15 million already paid.” In order to verify whether the said attorney-at-law consented to the victim, the Defendant called the victim by phone call to the victim, and the victim “to use the fee for attorney-at-law, etc. after receiving a partial refund of the fee.”

However, in fact, the defendant was scheduled to recover the fees and use them for personal purposes, such as living expenses, and there was no intention or ability to use the fees as litigation costs.

The defendant deceivings the victim as above and caused the victim to return the fees to the defendant by the above attorney-at-law, and received 4 million won, which is a part of the fees from the above attorney-at-law.

2. On April 2017, the Defendant was entitled to a refund of part of the fees paid to attorneys-at-law by withdrawing a civil suit, which was initiated in accordance with the above agreement, around January 7, 2017, pursuant to the agreement.

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