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(영문) 서울남부지방법원 2014.01.17 2013고합97

사기등

Text

Defendant

A Imprisonment for two years, for six months, for six months, and for four months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

[criminal power] On January 21, 2011, Defendant B was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Activities at Seoul Southern District Court, and the said judgment became final and conclusive on July 28, 2011.

【Criminal Facts】

"2013, 97"

1. On December 29, 2009, Defendant A violated the Attorney-at-Law Act refers to the victim G, a Chinese national bank account (H) in the name of the above victim, which was known to the general public, received KRW 20 million from the victim G, a Chinese Chinese national, “The head of the Tong established in Korea was subject to an investigation by the customs office of Korea because the head of the Tong established in Korea was involved in illegal transshipment and became unable to withdraw money due to this request.” The above victim stated that “The above victim would resolve the problem of being investigated by the customs office of Korea because he was well aware of the official of the investigative agency, and get the seized head of the Tong so that he could withdraw money,” and the said victim’s reliance received KRW 20 million from the above victim to the national bank account (H) in the name of the F on December 29, 2009, and received KRW 30 million from March 1, 2010 to March 15, 2010.

However, in fact, even if Defendant A received money from the above victim as a rain fund, he did not have the intention or ability to make a public official of the investigative agency withdraw the money from the passbook seized by the above victim.

As a result, Defendant A received money and valuables under the pretext of solicitation for a case handled by a public official at the same time by deceiving the above victim.

2. On March 15, 2010, Defendant A, at the “I” hotel located in the Dongdong City of the People’s Republic of China, called “I,” the victim G, “I will return to Korea if I lend 100,000 U.S. money,” and Defendant A, who believed the horses, knew the trade name in the Cheong City of Cheongman on March 2010.