logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.06.23 2016고단947
사기등
Text

A defendant shall be punished by imprisonment for one year.

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 the office B located at the window B of Chang-si, Changwon-si, requested by the victim C to conduct an investigation at the Changwon-si District Prosecutors' Office for Punishment of Violation of Petroleum Business Act, etc., and the victim "the intention is changed," and the victim was promoted to the head of the department in charge of the Changwon-si, which was "the head of the department in charge of the Changwon-si, was to the Prosecutor General of Busan District Prosecutors' Office."

A false statement was made to the purport that “The degree of meal expenses is limited to the test to mast the instant case by referring the case to the wife and third villages.”

However, in fact, the defendant did not have any relationship with the prosecutor, and even if he received the money from the injured party, he did not have any intention or ability to conclude the case.

As such, the Defendant: (a) by deceiving the victim; and (b) received cash 500,000 won from the injured party on May 25, 2013 at the coffee shop located in Seongbuk-gu, Sungwon-si; and (c) from around that time to October 28, 2013, the Defendant received money and valuables under the pretext of solicitation in the attached crime between around that time; (d) “On May 26, 2013” in column 5 of the list of crimes No. 5, “FR 2013.” (e., May 26, 2013). As such, the Defendant received money and valuables by receiving KRW 15,00,000 in total by the same method as written correction, and at the same time, soliciting public officials to handle the case.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the prosecution against C;

1. Each report on investigation;

1. Details of transactions, and application of Acts and subordinate statutes on certificates of process;

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. Article 62-2 (1) of the Criminal Act on the community service order;

1. The crime of this case on the grounds of sentencing under the latter part of Article 116 of the Act by additionally collecting attorney-at-law is money repeatedly paid 11 times from the injured party under the pretext of soliciting the prosecutor to end the case.

arrow