Text
A defendant shall be punished by imprisonment for three years.
25,000,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.
[criminal power] On December 2, 2015, the Defendant was sentenced to two months of imprisonment and eight months of imprisonment for fraud at the Incheon District Court, respectively. On July 7, 2016, the same court sentenced two months of imprisonment and eight months of imprisonment for fraud, etc. and completed the execution of the final sentence on August 1, 2017.
【Criminal Facts】
"2018 Gohap682"
1. The accused of fraud, such as violation of the Attorney-at-Law Act and entertainment expenses, committed fraud, with intent to listen to the fact that the victim B wants to develop the land within the development-restricted area (in Gyeyang-gu D; hereinafter referred to as the “instant land”) owned by the wife C and to obtain the victim’s money from E.
In October 2017, the Defendant made a false statement to the effect that “I would leave the police officer before Ghana, and will serve as a managing director of a large construction company. I know well of the public officials of Incheon Viewing and have a relationship with them. I would like to act as if the Defendant was a person with influence,” and “I will permit the gas station to the land of Gyeyang-gu Incheon Metropolitan City, Incheon Metropolitan City.”
On October 27, 2017, the Defendant made a call to the victim on the 20:00 French land on October 27, 2017 and made a solicitation to the public officials on the land of this case. The Defendant stated that “A contact with the public officials of the Gyeyang-gu Gyeyang-gu Office, Incheon Metropolitan City and the money needs to be transferred KRW 2,00,000,000,000.”
However, the defendant did not contact the public officials of the Gyeyang-gu Incheon Metropolitan City Office at the time, and did not have any intent or ability to make a solicitation in connection with the authorization and permission of the gas station.
As above, the Defendant deceivings the victim, and thereby, from the victim, KRW 2 million to the Defendant’s account under the name of the G on the same day.