beta
(영문) 서울중앙지방법원 2016.08.26 2014고합1476

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On September 201, 201, the defendant would allow the victim F to be suspended from the execution of the case where the husband G is detained and is pending in the trial.

If 100 million won is paid in cash with the remuneration fee of the Seoul High Court, it will be paid later.

The phrase “ makes a false statement.”

However, even if the defendant received the above money from the injured party, he did not have the intention or ability to release G from the suspension of execution, and did not think that the above money will be returned.

As such, the Defendant, by deceiving the victim, received cash of KRW 100 million from the victim and acquired it by fraud.

Summary of Evidence

1. To state part of the witness F in the eight public trial records;

1. Part of the statement made by the prosecution with respect to F (second time) ;

1. A report on investigation (report on results of document appraisal), and a report on investigation (report on details of inquiries made by the Supreme Prosecutors' Office in writing);

1. A claim by the defendant, or his/her defense counsel, on the written judgment (Defendant G), the metre of attorney fees, the details of registration by the lending credit cooperative customer (742 pages), the details of transactions by each receiving period (one bank), the details of transactions by each receiving period (one bank), the details of transactions by each receiving period (one bank);

1. The summary of the argument is that “The Defendant would be forced to suspend the execution of a case pending trial with G’s detention.”

If 100 million won is paid in cash with the remuneration fee of the Seoul High Court, it will be paid later.

There is no false or false statement, and in this connection there is no fact that 100 million won has been granted by the injured party.

The victim delivered G's intention to the victim, and only the victim allowed H lawyer to be appointed as a defense counsel.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant, as stated in the facts constituting the crime in the judgment of the court, by deceiving the victim and receiving KRW 100 million from the victim as remuneration to the Seoul full bench, and the husband G of the victim is sentenced to imprisonment.