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(영문) 수원지방법원 성남지원 2016.09.09 2016고단588
사기등
Text

A defendant shall be punished by imprisonment for six months.

8,637,00 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal records] On October 29, 2015, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution as a crime of fraud, etc. in support of Sungnam branch of Suwon branch of Suwon branch of Korea, and the said judgment became final and conclusive on July 1, 2016.

[2] On March 5, 2012, the Defendant received a favorable judgment from the victim D in a loan claim lawsuit from the victim D at the E-cafeteria operated by the victim D in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, and made a false statement to the victim D that “I would ask the Financial Supervisory Service to inquire about the details of the financial transaction by requesting the employee who is well aware of it to receive the money, so I would like to receive the money.”

However, even if the defendant receives money from the victim D as school expenses, he/she did not have the intention or ability to use it as a solicitation for employees of the Financial Supervisory Service.

Nevertheless, the Defendant, as above, was issued KRW 8,637,00 in total under the pretext of soliciting or arranging the case or affairs handled by victims D, F, G, and H 14 times until April 15, 2012, as described in the List of Crimes in the attached Table, by deceiving victims D, F, G, and H, and by deceiving them on 14 occasions, as described above, the Defendant was given KRW 8,637,00 in the name of soliciting or arranging the case or affairs handled by the employees of the Financial Supervisory Service who are deemed public officials, public officials of the Prime Minister, public officials of the Gu Office, and public officials of the Sungnam branch support.

Accordingly, the defendant received money and valuables under the pretext of soliciting or arranging the case or affairs handled by a public official or employee of the Financial Supervisory Service who is deemed a public official at the same time by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of the suspect against the defendant (including a part of the examination of the suspect in relation to D, G, or H);

1. Each police statement made to D or I;

1. Complaint and each investigation report;

1. Previous convictions in the judgment: inquiry of criminal history and investigation report (the fact report in the appellate judgment of the same type of crime).

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