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(영문) 광주지방법원 2017.01.12 2016고단2428
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 2014, the defendant thought that the victim E (66 years old) goes in the place of work in the D laundry Station located in Gwangju Nam-gu, Nam-gu, Gwangju, and that he thought the preparation of public officials.

In other words, the letter is placed on B when examining his/her mobile phone.

Gwangju Metropolitan City has been communicating with the two groups of motor vehicles belonging to Gwangju Metropolitan City.

The expenses of KRW 60 million are required to find employment for the elderly car, and KRW 35 million are required to find employment for the Gwangju Metropolitan City Office.

The term "the victim" means the victim's good character, and the Gwangju Metropolitan City Office shall be good for the victim's children.

In other words, "I will get employed in the Gwangju Metropolitan City Office."

In order to find employment, 35 million won is required to bear expenses.

“On July 29, 2014, KRW 35 million is transferred from the injured party to the Agricultural Cooperative Account under the name of F, the husband of the defendant, for personnel solicitation expenses, from the injured party on July 29, 2014; the same year;

8.4. Around 100,000 won should be added to the victim by telephone.

“The 500,000 won was remitted from the injured party on the same day to the said Agricultural Cooperative Account for personnel solicitation.”

As a result, the defendant received money and valuables under the pretext of solicitation or good offices with respect to cases or affairs handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on the receipt of deposits and details of transactions in return;

1. Relevant legal provisions concerning facts constituting an offense, Article 111 (1) of the Act, and the choice of imprisonment and punishment as an attorney-at-law;

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

1. Reasons for sentencing under the proviso of Article 116 of the Act [the scope of recommending punishment] Acceptance of money and valuables under the pretext of solicitation and good offices (the amount of KRW 30 million and below KRW 50 million) shall be considered as follows: (a) the mitigation area (6 months to 1 year) [the person who is specially mitigated] return (including deposit) gold goods and other profits [the decision of sentencing] in light of the details and methods of the instant crime, etc., the nature of the crime is not good; (b) however, the fact that the Defendant returned the full amount of money and valuables received by the victim to the victim, and the Defendant is against the law.

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