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(영문) 서울동부지방법원 2016.05.12 2016고단817
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A is a police officer working for the position of the police station in Song-gu Seoul Metropolitan Government D Team.

On May 13, 2014, the Defendant introduced the Victim G (55 years) from a middle school at the F restaurant located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, and came to know that the Defendant was undergoing an inspection and investigation by an Inspector Office of the Gyeonggi-do National Police Agency, which was suspected of embling public funds during his/her service in the Gyeonggi-do Police Station H and affiliated therewith, and that the investigation is in progress even during the measure of accusation, he/she was willing to acquire money by deceiving the Defendant as if he/she was aware of many high-ranking public officials and could assist the victim.

A. On May 21, 2014, the Defendant made a false statement to the effect that “On June 201, 2014, the Defendant made a false statement to the effect that “The Defendant, as the chief prosecutor of the Suwon Police Station Disciplinary Committee in charge of the suspected criminal case, would be able to be resolved well, and the Defendant would be reinstated later due to the removal of the removal from office. To do so, the Defendant filed a petition review, and should have a personnel for the petitioners known to him/her.”

However, the fact that the defendant thought that he will receive money from the injured party and did not have the intention or ability to pay money in connection with criminal cases or examination of appeal against the injured party.

The Defendant, through B around June 9, 2014, transferred KRW 10 million to the national bank account (J) in the name of the Defendant, the seat of the Defendant, from the damaged party.

As a result, the defendant was given money and valuables under the pretext of inducing the victim to receive property and at the same time receiving a request for a case handled by a public official.

B. On September 3, 2014, the Defendant should give gift to the Defendant to the petitioner review committee members immediately, and KRW 3 million to B.

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