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(영문) 서울남부지방법원 2016.01.29 2015고합365

사기등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant in the facts charged at the E convenience store located in Geumcheon-gu Seoul Metropolitan Government around January 16, 2012, examining the victim F’s complaint received by the victim F while filing a criminal complaint against G with the Seoul Central District Public Prosecutor’s Office, and the victim’s “afterward G cannot be punished strictly.”

G was referred to as "three million won per each public official of the prosecutor's office, three million won, and four million won."

However, even if the defendant receives money from the injured party, he/she did not have the intent or ability to use it as a rain fund for public officials of the prosecutor's office to solicit the injured party to punish severely.

Nevertheless, the defendant deceiving the victim and deceiving the victim to make a solicitation to the public prosecutor, and the defendant's account of the defendant H (I) around January 17, 2012, and seven million won as stated in the facts charged, seems to be a clerical error of three million won.

On February 9, 2012, 3 million won stated in the facts charged of KRW 7 million around February 9, 2012 appears to be a clerical error of KRW 7 million.

each remittance received KRW 10 million in total.

2. The Defendant, at the same time as the facts charged, borrowed KRW 10 million from the J on February 9, 2012, KRW 7 million from the victim, KRW 3 million, and KRW 3 million from the victim on February 17, 2012, respectively, and did not receive money from the victim on the ground of solicitation to the public prosecutor at the same time as the facts charged.

3. Determination

A. Although the victim and J’s investigative agency and the copies of the passbook, text messages, and H’s account transactions as evidence that correspond to or consistent with the facts charged of the instant case are included in the evidence, the examination method of F in the case of the result of the psychological physiological examination (the evidence list Nos. 27, 28) on the other hand, there is a change in a certain psychological condition if a false statement is made, and ② the change in the psychological condition causes a certain physiological response, and ③ the statement of the respondent is made by the physiological response.