logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.21 2016고단5842
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 20, 2015, around August 20, 2015, the Defendant made a false statement to the victim C, a person who was aware of in the society located in Yeongdeungpo-gu Seoul Metropolitan Government World Trade Association, stating that “If the Defendant borrowed KRW 3 million, he/she shall make a full payment after 1-2 weeks.”

However, in fact, the Defendant had no income at that time, and had already borrowed money from the second financial right and had already carried out so-called “losting”, so there was no intention or ability to repay the money to the victim even if he borrowed money as above.

The Defendant, as above, by deceiving the victim, received KRW 3 million from the victim under the same day as the borrowed money.

2. On October 26, 2015, the Defendant, at a coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government around October 2015, 2015, made a false statement to the effect that “E” would allow the relevant public officials to be released within two to three days by soliciting the relevant public officials upon the request of the said C or the victim D to “to find out the methods by which C, which can be promptly released, in Seoul Southern-west Detention House,” and “E”. The Defendant sent the said KRW 15 million to the E so that C may be released.”

However, in fact, the Defendant did not have the intention or ability to arrange a request to the court or investigative agency for a solicitation to the court or investigative agency so that C may be released.

As above, the Defendant received money and valuables from the victim under the pretext of deceiving the victim as above and receiving a remittance of KRW 15 million from the victim under the pretext of the arrangement fee for solicitation on October 26, 2015, and arranging a solicitation with respect to affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A statement F and D;

1. Application of Acts and subordinate statutes to a report on investigation (transfer data, credit assessment, and telephone investigation);

1. Money and other valuables for solicitation under Article 347 (1) of the Criminal Act (the point of fraud) and Article 111 (1) of the Attorney-at-Law Act concerning facts constituting an offense;

arrow