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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1156

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On April 12, 2013, the Defendant was sentenced to imprisonment with prison labor for six months, and six months on June 28, 2013 with prison labor for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. in the Busan District Court’s Branch Branch Support, etc.

[Criminal facts]

1. On July 27, 2012, the Defendant, at the D Hospital located in the Busan Metropolitan City Shipping Daegu on the part of Busan Metropolitan City, made a false statement to the effect that “The Defendant, upon receiving a request from the victim E to seek an attorney-at-law for F, changed the cost of attorney-at-law for the two of F and the two of the accomplices to KRW 15 million.”

However, since the defendant decided to appoint a lawyer in 7 million won, 8 million won out of 15 million won did not intend to use it as the cost of appointing a lawyer.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 4 million from the victim, to the single bank account in the name of G, the spouse of the Defendant on the same day, and acquired KRW 15 million from the same account on July 31, 2012, and acquired KRW 8 million from the victim.

2. Around August 3, 2012, the Defendant involved in the fraud of the deposit money made a false statement to the victim E at the above D Hospital stating that “A deposit is required due to F criminal cases, 12 million won.”

However, even if the defendant received 12 million won from the injured party, he did not intend to use it as the F criminal case deposit money.

Ultimately, the Defendant, by deceiving the victim as such, received money from the victim to the single bank account in the name of G, the spouse of the Defendant on the same day, KRW 2 million from the victim, KRW 5 million from the same account on August 16, 2012, KRW 2 million from the same account on August 20, 2012, and KRW 3 million from the same account on August 21, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police interrogation protocol (two times) of the accused;

1. Statement made by the police for E;

1. A copy of a loan certificate and attorneys-at-law.