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(영문) 광주지방법원 2013.11.22 2013고단4417
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 18:00 on December 5, 2012, the Defendant is driving a vehicle under the influence of alcohol without a driver’s license, which was not covered by liability insurance, under the condition that the Creal estate office located in Gwangju Mine-gu has a previous three-time penalty for drinking driving.

The victim D made a false statement that "it is known to the staff of the prosecutor's office who has been put into custody, and if so, the case is bound by the above staff, but it is not bound by the above staff."

However, even if the defendant received money from the victim, he did not have the intention or ability to deal with the work as stated by the victim.

At around 19:00 on the same day, the Defendant received KRW 3,00,00 from the victim in cash as school expenses in front of the 365-1 non-child post offices located in the above non-child 715-1, and around December 7, 2012, the Defendant received KRW 1,00,000,000 from the victim in cash under the same name as before the 365ccp., the office of the non-child 365cc.

As a result, the defendant received money and valuables under the pretext of soliciting the case that public officials handle at the same time by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Application of investigation reports (verification of the criminal investigator's records of drinking driving) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime; Article 111 (1) of the Attorney-at-Law Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 116 of the Attorney-at-Law Act is against the fact that the defendant's mistake in sentencing is recognized, the amount that the defendant received is not less than 4 million won, the defendant has no same criminal record, the defendant returned 4 million won to the victim and agreed to return it, and other conditions of sentencing such as the age, character and conduct, environment, etc. of the defendant.

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