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(영문) 수원지방법원 성남지원 2016.01.28 2015고단2118
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2013, the Defendant, at a place where it is not known to a police officer, in relation to a case in which C filed a complaint against the victim D on the charge of fraud, provided that even if C received money from the victim, it did not have the intent or ability to make the victim resolve the case well by solicitation to an investigative agency, the Defendant would, in relation to the case in which C complaint was filed, be able to resolve the case well by requesting the victim to a person who is not aware of the criminal charge and prosecutor in charge.

The phrase “a request for five million won in terms of expenses” was falsely made to the effect that it was “a request for five million won in terms of expenses,” and it was remitted three million won in the name of E to the account in the name of May 16, 2013 in terms of criminal case solicitation expenses from the injured party.

Accordingly, the defendant received money in relation to the case handled by a public official, and at the same time accused by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses D and F;

1. The defendant asserts that the statement of passbook which is the complainant [the defendant is limited to the expenses incurred by the victim voluntarily calling for the withdrawal of the complaint or the agreement between C and the victim, and does not provide it as a solicitation to an investigative agency. However, since the victim is more close to the defendant as well as the victim, if the victim wishes to agree with C, it would have been resolved by himself/herself. At the time, the victim believed that he/she would have attempted to reach an agreement with C only if he/she would have to pay more than half of the amount of the fraud by fraud of C, which is 32 million won, but it would have not been expected that the agreement with C would have been sexually formed by 3 million won, and witness D and F statements based on the specific experienced facts, and its credibility is recognized, as stated in its reasoning.

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