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(영문) 대구지방법원 2020.08.11 2020고정156

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 3, 2009, the Defendant issued a request to the Daegu Southern Police Station that “A police officer who is well aware of inside and outside the Daegu Southern Police Station, has a police officer, and will not be detained by the police officer.” The Defendant stated that “D, who is a police officer in the Daegu Southern Police Station, will not be detained by the police officer.”

However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to keep the said D from being bound by the said money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million in cash immediately from the victim, and acquired it, and at the same time, received money and valuables under the pretext of soliciting the case handled by the public officials.

Summary of Evidence

1. The suspect interrogation protocol of the defendant and C with the police officer;

1. Application of summary order and written opinions to each statute;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (a point of fraud), Article 111 (1) of the Attorney-at-Law Act (a point of receiving money and valuables on the pretext of solicitation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.