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(영문) 서울서부지방법원 2016.07.20 2016고단1437
사기등
Text

A defendant shall be punished by imprisonment for six months.

2 million won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

1. On August 13, 2015, the Defendant, who violated the law of fraud and defense, made a false statement to the effect that “F” restaurant located in Eunpyeong-gu Seoul Metropolitan Government E, was investigated into a violation of road traffic law (driving), a violation of road traffic law (licenseless driving), and a violation of the law of traffic (licenseless driving) and a violation of bribe grant, and the victim C, who was aware of the concern about the issue, may be detained, but it would be difficult to make the delivery of brain, and it would be made impossible to keep the victim under restraint by speaking to the next, and a fine to the maximum extent possible.”

However, the defendant did not have worked as a prosecutor, and there was no relationship with the prosecutor and the persons related to the prosecutor's office, and there was no intention or ability to exercise influence over the arrest of the case where the victim was under investigation or to reduce the fine even if he did not receive money from the victim.

Nevertheless, the defendant deceiving the victim as above, received KRW 2 million from the victim who is affiliated with it, and acquired it by fraud, and received money and valuables under the pretext of solicitation or mediation for the cases or affairs handled by the public officials at the same time.

2. On August 17, 2015, the Defendant attempted to commit fraud, as described in paragraph 1, issued a 2 million won by deceiving the victim C as stated in paragraph 1, and received the delivery of KRW 2,00,000 to the Defendant, the Defendant called the victim at a closed space and called the victim on August 17, 2015 to the effect that “I need more cost of KRW 4,000,000 due to food, drinking value, etc.”, and continuously, around August 27, 2015, the Defendant offered a certificate of borrowing money to the victim within the car parked in the Aar Link-Linking parking lot located at the Namyang-si, Namyang-si, Namyang-si, Namyang-gu, Seoul, and made a false statement to the effect that “I would make a request for money by the end of the period that will have been used as expenses because I believe that the horse would be 4,000,000 won.”

However, the facts are that the defendant has a relation to the case under investigation by the injured person.

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