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(영문) 대구지방법원 서부지원 2017.04.14 2016고단2428
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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 15, 2016, the defendant knew that the victim D will file a complaint against fraud, etc. at the public office of the public office of the Daegu City, Seo-gu, Daegu, Daegu, and Seo-gu, Daegu, about 16:00, the defendant will make a good solution to the victim's "at home, a certified judicial scrivener has been working at the public office, and he has a certified judicial scrivener's license, and he will pay money to him."

‘False speech' was made.

However, since the defendant tried to use money for living expenses, etc. even if he/she receives money from the injured party as school expenses, he/she did not have the intention or ability to resolve the accused's complaint case in favor of the public prosecutor.

As above, the Defendant: (a) received KRW 2 million from the injured party on May 19, 2016, under the pretext of teaching expenses; (b) received KRW 1 million around the 23th day of the same month from the injured party; (c) received KRW 2 million from the corporate bank account (G) in the name of the Defendant’s wife on the same day; and (d) received KRW 2 million from the Defendant’s corporate bank account in the name of his wife on the 24th day of the same month; and (b) received KRW 6 million from the Defendant’s H’s Daegu bank account in the name of his wife to transfer KRW 1 million to the Defendant’s Daegu Bank account (I) on the 24th day of the same month; and (c) received money and valuables under the pretext of solicitation

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense; Article 111 (1) of the Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. An attorney-at-law for additional collection;

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