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(영문) 대구지방법원 의성지원 2018.02.01 2017고단325

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

106,900,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal records] On December 21, 2007, the Defendant was sentenced to six years of imprisonment with prison labor for fraud, etc. at the Seoul Eastern District Court, and on May 15, 2015, the Seoul Western District Court sentenced two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment of Specific Crimes (thief) at the Seoul Western District Court on June 15, 2016, and completed the execution of the sentence at the original prison on June 15, 2016. On June 15, 2017, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment of Specific Crimes (thief) at the Sungnam branch of Suwon District Court on June 22, 2017.

[Criminal facts] On January 2016, the Defendant was sentenced to 10 years of imprisonment with prison labor for sexual assault crime and the judgment became final and conclusive by the victim C from the principal correctional institution in the original state Dong-si level.

However, as the judgment of conviction was sentenced to excessive suppression, it is preparing for a new trial," the completion of the trial was committed as if the police officer had a friendly relationship with the police officer, with the intent of receiving money from the injured party on the pretext of harming the police officer's solicitation for the commencement of a new trial case and investigation.

On May 13, 2016, the Defendant sent a letter to the victim in the confinement room of the above prison to the effect that “The Defendant would be responsible for a retrial case in which punishment is prepared for the first time upon release from the prison, to the prone police officer to be investigated as a retrial case, and also to the extent that D (victim of the above sexual assault case)’s statement is reversed, and instead, to the effect that “The monetary sentence entirely supports the Defendant’s monetary sentence.”

The money was demanded.

However, even if the defendant receives money from the injured party, he thought that he will use it for his personal purpose, and he did not have the intention or ability to assist in the commencement and investigation of the case.

Nevertheless, the defendant deceivings the victim as above, and is the defendant's seal on May 13, 2016 from the victim.