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(영문) 광주지방법원 순천지원 2018.03.29 2017고단2283
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Despite the fact that the defendant does not receive any money or valuables under the pretext of solicitation or mediation for cases or affairs handled by a public official, on February 5, 2017, the defendant sent to the victim E from the "D" operated by the defendant at around 10:00 on February 5, 2017 to the victim E in order for the victim E to be treated as a thief's theft case, and at the expense, to the extent of 4 million won.

G. The purport of “assumed” was to the same effect.

However, in fact, the defendant did not know about the person who can request non-detention to the police station, and the defendant did not have the ability or intention to enable F to be investigated by non-detention.

Nevertheless, the defendant deceivings the victim as above and is the same month from the victim.

6. The Defendant was transferred to the Gwangju Bank account (G) in the name of the Defendant.

Accordingly, the defendant received money under the pretext of soliciting the case or affairs handled by public officials, and at the same time deceiving the victim to acquire the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense; Article 111 (1) of the Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Although there is a high possibility of criticism in light of the contents of the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as set out in the Disposition was determined by taking into account favorable circumstances, such as the fact that the amount of fraud and the amount received is not large, and that there is no record of the same crime.

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