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(영문) 광주지방법원 순천지원 2015.02.05 2014고단2026

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2012, the Defendant committed fraud and the Violation of the Attorney-at-Law Act on October 19, 2012, at the D golf driving range located in Dacheon-si, 19, 2012. On October 19, 2012, the Defendant sought a false statement from the victims E, who were the students of a high school, to the net Police Station, of the instant case where two female students were forced to commit indecent acts by force on October 2012. As the Defendant heard the statement to the effect that “the victim would not go against Scom,” and at the request of the staff of the YY, the Defendant would request that the Defendant handle the charges by giving KRW 2,50,000 to F criminal offenders of the Net Police Station, KRW 1 million to the team leader in charge of the instant case, and KRW 500,000 to the person in charge of the instant case, and made the instant case free of charge.

However, in fact, the defendant was thought to consume money from the victim for his own living expenses, etc., and he did not have the intention or ability to request the case to the police officers in charge of the case for the victim.

As such, the Defendant, by deceiving the victim, received cash of KRW 2.5 million from the victim in the name of the compensation for the solicitation of the case on the same day, and received money and valuables under the pretext of soliciting the case to be handled by public officials.

2. On November 1, 2012, the defrauded made a false statement to the effect that “The Defendant would accept an agreement on the part of the victim of the indecent act by compulsion on the face of the principal by compulsion” on the following side of the YYY, which was located in the Mancheon-si, Mancheon-dong, Mancheon-si, Mancheon-do, on November 1, 2012.

However, in fact, the defendant only thought that he would use money from the victim for his own living costs, etc., and did not have the intent or ability to receive an agreement from the victim for the agreement of the victim's indecent act by compulsion.

The Defendant, as such, by deceiving the victim, received 500,000 won in cash as entertainment expenses on the same day from the victim.

3. Fraud on November 13, 2012

참조조문