beta
(영문) 수원지방법원 안양지원 2014.01.16 2013고단1210

사기등

Text

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

3,300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 4, 2013, the Defendant stated that “The victim C, which was known during a prison life, will provide convenience in prison life, such as meeting with the head of the security division and the change of the place of accommodation, through D with the head of the security division.”

However, the facts are that D is not in friendly with the head of the Seoul detention center security division, and even if the defendant requests the head of the security division through D, the defendant is well aware that the defendant is unable to provide convenience such as exclusive confinement to a specific prisoner, so the defendant did not have an intention or ability to provide the victim with convenience of prison life, such as exclusive confinement and meeting for change of place.

Nevertheless, the Defendant, as above, received KRW 1,00,000 from the Nonghyup Bank account (Account NumberF) opened in the name of Defendant’s father E on February 7, 2013 under the pretext of school expenses from the victim, and received money and valuables from four victims in the same manner from September 11, 2012 to June 24, 2013, such as the list of crimes in the attached Form, and received KRW 3,300,000 from four victims in the same manner, and at the same time, received money and valuables under the pretext of soliciting public officials to handle affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of G, C, D, and H;

1. A written statement prepared in the I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Paragraph (1) of Article 347 of the Criminal Act (Fraud) and Paragraph (1) of Article 111 of the Attorney-at-Law Act ( Violation of the Attorney-at-Law Act) concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant in the latter part of Article 116 of the Attorney-at-Law Act has a record of having been punished several times to commit the same kind of crime, and he has not been aware of his imprisonment with prison labor for a period of two and a half years and is serving a prison life.