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(영문) 창원지방법원 마산지원 2017.06.27 2017고단333
사기등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 9, 2016, the Defendant: (a) requested on September 9, 2016 by C, the Defendant, the part of the interest of the Defendant, the victim B, who was the victim B, at the Changpo-dong, Changpo-gu, Changpo-si, Changpo-si, Changpo-si; and (b) requested by C, “The children are detained by the son B, but the work differs from the help.” (c) sent the victim to the police station and the prosecution in order to resolve the instant detention case.

(1) send money to a person to whom money is required, if any, to meet the person;

different types.

“.....”

However, even if the defendant did not receive money from the injured party due to the lack of the police or the prosecutor, he did not have the intention or ability to help the injured party to collect money from the police or the prosecutor.

Nevertheless, the Defendant deceiving the victim as above, and was transferred to the Agricultural Cooperative Account in the name of the Defendant’s son as an activity expense for soliciting KRW 10 million on September 9, 2016, KRW 12 million on December 12, 2016, and KRW 10 million on September 19, 201.

As a result, the Defendant received money and valuables under the pretext of soliciting the case dealt with by public officials at the same time by deceiving the victim and receiving property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to B

1. Article 347 (1) of the Criminal Act (the point of fraud) of the relevant Act on the facts constituting an offense, and Article 111 (1) (the point of receiving money and valuables on the pretext of solicitation) of the Act by attorneys-at-law;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

On February 17, 2016, the Defendant was punished by imprisonment with prison labor for six months in the Changwon District Court Msan Branch for fraud.

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