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(영문) 서울중앙지방법원 2013.10.24 2012고정3618

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 12, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for six months at the Seoul Eastern District Court for fraud, and the said judgment was finalized on February 20, 2010. On November 10, 2011, the Defendant was sentenced to two years and six months of imprisonment with prison labor for fraud, etc. at the same court, and the said judgment became final and conclusive on January 27, 2012.

1. On November 2007, the Defendant committed fraud and the violation of the Attorney-at-Law Act at the D restaurant located in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “The Defendant would resolve the G robbery Injury case by requesting the police officer to reimburse the expenses because F is well aware of the employees of the Suwon Police Station and the National Police Agency Special Investigation Team.”

However, even if the defendant receives expenses from the victim, the defendant did not have any intention or ability to resolve the injury resulting from robbery.

Nevertheless, the Defendant, by deceiving the victim as above, received two million won from the victim to the Agricultural Cooperative Account of the Defendant on November 19, 2007, and two million won from the Defendant’s husband’s H on January 8, 2008, respectively.

As a result, the defendant acquired 4 million won from the victim, and at the same time received money and valuables under the pretext of soliciting the cases handled by the public officials.

2. On December 26, 2007, the Defendant stated that “The Defendant would make a payment to the Defendant within the number of days if the Defendant lent KRW 21 million to the Defendant, as the said restaurant rent has to be pushed down.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it properly.

Nevertheless, the Defendant, by deceiving the victim as above, received 1 million won from the victim, who was affiliated with the Defendant, and received 20 million won from the agricultural bank account in the name of the said D company.

Accordingly, the defendant acquired 21 million won from the victim.

Summary of Evidence

1. Protocol of examination of the witness of this court concerning I;

1. Part E of the first protocol of interrogation of the defendant's suspect against the defendant 1.

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