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(영문) 서울남부지방법원 2013.09.13 2012고합765
사기등
Text

A defendant shall be punished by imprisonment for six months.

7,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 1, 2010, the Defendant introduced the first police officer C, and received a request for permission of nationality from the victim D, who called the phone, to the Gwangju Immigration Office. However, the Defendant received a request for prompt Korean nationality.

Accordingly, the defendant made a false statement to the victim that "The friendship-gu of South and North Korea has worked in the Incheon Immigration Office, so that he/she can obtain Korean nationality until the end of each year."

However, in fact, the defendant was not aware of the person working at the Incheon Immigration Office, and was thought to use the money received from the victim as the defendant's male-friendly E flight flight fund, so there was no intention or ability to make a request to a public official at the Immigration Office to promptly proceed with the procedure for requesting the victim'

The Defendant, under the pretext of teaching expenses, transferred KRW 3 million from the victim to the Agricultural Cooperative (F) account in the name of the Defendant on May 21, 2010, KRW 3 million, KRW 3 million on June 18, 2010, and KRW 1 million on August 10, 2010, respectively, and received a total of KRW 7 million over three occasions.

As a result, the defendant received money and valuables under the pretext of solicitation for the affairs handled by public officials, and received property by deceiving the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. A detailed list of transactions of the free savings deposit (Evidence Nos. 6);

1. Application of Acts and subordinate statutes to a copy of a bankbook (Evidence List No. 2);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (a point of fraud), Article 111 (1) of the Attorney-at-Law Act (a point of receiving money and valuables on the pretext of solicitation);

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the latter part of Article 116 of the Attorney-at-Law Act;

1. Not more than 10 years of imprisonment with prison labor within the scope of statutory sentence;

2. The scope of recommendations according to the sentencing criteria (a decision on types of fraud) shall be one hundred million won in general.

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