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(영문) 전주지방법원 군산지원 2016.07.06 2016고정182

사기등

Text

Defendant shall be punished by a fine of one million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2012, the Defendant became aware of the Victim C through a branch office around 2012, and the fact was committed as if he was well aware of the head of the military mountainous district or the staff of the military police station in the military, despite having no intent or ability to resolve the case in response to the solicitation of the resolution of the case to an investigation agency. However, if the victim, who was not paid the construction cost from D, filed a complaint against the victim for fraud, the Defendant made a false statement as if he could make it possible

1. On July 26, 2013, the Defendant made a false statement to the Defendant’s house located in Gunsan-si, Do, Chungcheongnam-do, Chungcheongnam-do., the Defendant received KRW 500,000 from the victim, namely, KRW 50,00,00 from the victim, for personnel expenses for the police officers in the military police station.”

2. On August 9, 2013, the Defendant continued to receive KRW 2 million from the victim, namely, from the victim, in the name of the head of the Si/Gun/Gu’s mountainous district as the head of the Si/Gun’s branch office at around 15:30 on August 9, 2013, by making a false statement that “The head of the Gun's branch office has given leave to the next week, but the head of the Gun's branch office should not pay leave expenses.”

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 2.5 million from the injured party, and at the same time received money and valuables equivalent to the same amount under the pretext of soliciting or arranging the case or affairs handled by the public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of documents submitted by a complainant);

1. Subparagraph 1 of Article 109 of the Act (in violation of the Act by an attorney-at-law) and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. An attorney-at-law for additional collection;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;