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(영문) 대구지방법원 서부지원 2013.08.22 2012고합508

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

The Defendant’s visit to a child care hospital operated by the Victim G with the victim’s son and the Defendant’s son, after pressing the victim’s inside and outside of the hospital, the Defendant was found to have received money from the person J, and the said money was raised in five trillion won and deposited in the court, and the Chief Justice of the K Supreme Court works on the day.

In order to make a false statement under the member L of the National Assembly that he/she works in a village M, he/she has done as if he/she had a strong history.

Around February 3, 2000, the Defendant made a false statement to the Flusium and the clinic of the victim's operation in the Daegu-gu N, Daegu-gu N, stating that "A person who is a member of the National Assembly L, who is a member of the Gu, may participate in an investment permitted only to the member of the Gu, and a member of the Gu may receive a return of ten times after three years from the receipt of money."

However, there was no relationship between the National Assembly members L, and there was no money of five trillion won deposited in the court.

The Defendant, as such, by deceiving the victim, received KRW 35,00,000 from the victim.

From January 21, 2010 until January 21, 2010, the Defendant: (a) collected the amount of investment per O, and KRW 5 trillion from the time to time as described in the table of crime; (b) collected from time to time specified in the table of crime; and (c) received from time to time specified in the table of crime: (d) 130, 131, 132, 140, 141, 144, 156, 170, 185, 186, 220, 274, 275, 278, 278, 287, 323, 341, 35, 355, and 29 times in total for expenses incurred in finding the amount of investment per O, and KRW 5 trillion until five trillion won reach his/her own living expenses, etc.

Summary of Evidence

1. Each legal statement of witness G, P, Q, R, S, T, U, E, and V;

1. A protocol of examination of part of the defendant by prosecution;

1. Written statement by the prosecution;

1. A protocol of partial police interrogation of the accused;

1. Each report on investigation;

1. Copy, etc. of multiple copies, each recording book, the details of cash withdrawal, copies of passbooks, etc., and copies of passbooks, copies of passbooks, notes, replies related to the provision of financial transaction information, written judgments, copies of pockets, loan certificates and receipts, from around 200 to 204;