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(영문) 수원지방법원 2013.09.27 2013고단1065

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who has worked as the head of the business team at C Suwon central branch office.

On April 26, 2012, when D, which had been promoting a real estate development project, was prosecuted for a non-prosecution of the Incheon District Court, and was detained in the court on April 26, 2012, and was detained in the Incheon Detention Center, the defendant found the Incheon Detention Center and met the above D, and was asked by the same person to identify the issue of appointment of the lawyer at the appellate court.

The Defendant from May 8, 2012 to the same month.

9. Around 09:39, at a place not higher than Suwon-si, phone called to the victim E (the 42-year old) who was the birth of the above D, and “in order to release the sentence, a full-time attorney-at-law should be appointed who could affect the full-time court, and a full-time attorney-at-law should be appointed from the front-time officer who could have an influence on the full-time court, and the head of the Suwon-si and the head of the Incheon District Prosecutors’ Office would have been introduced to the attorney-at-law from the front-time officer and the head of the Incheon District Prosecutors’ Office. Accordingly, the expense grouped KRW 10 million.”

However, in fact, the defendant did not want to call the head of Sugman F with the head of Mangman F or to receive the lawyer from the former officer through him, and there was no intention to use it as the expense for the appointment of D's lawyer even if the defendant was transferred KRW 10 million from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 10 million from the victim to the account of community credit cooperatives under G name around 10:28 on May 9, 2012.

Accordingly, the defendant acquired 10 million won from the victim.

Summary of Evidence

1. Statement to the effect that the defendant has made a statement at this Court, as stated in the ruling, and that he has received a remittance of KRW 10 million from the victim;

1. Parts of each statement in the suspect examination protocol prepared by the public prosecutor, G, F, E, and D;

1. Each statement of the police officer E, D, and H. 1.