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(영문) 인천지방법원 2017.06.15 2017고정493
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was known to B, and the victim C is a person who operates the "E" located in the Nam-gu Incheon Metropolitan City.

1. On January 22, 2013, the Defendant and B, despite the absence of the intention or ability to control public morals establishments, concluded on January 22, 2013, that the Defendant and B would introduce the police officer to avoid crackdowns on the victim’s “E” operated by the victim, and received KRW 50,000 from the victim in cash.

2. On January 26, 2013, the Defendant and B attempted to introduce a police officer to avoid the control of the said “E” to the victim at an infinite place in Yeonsu-gu, Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, without any intention or ability to interfere with the control of public morals business places, and received two million won from the injured party in cash.

3. On May 1, 2014, the Defendant and B, despite the lack of intent or ability to interfere with the crackdown on public morals business places, intended to introduce a police officer to avoid the control of “E” operated by the injured party in Yeonsu-gu Incheon, Yeonsu-gu, Incheon to introduce the police officer so that it can interfere with the control of “E” operated by the injured party. The Defendant and B received KRW 2 million from the injured party’s post office account (I) on May 2, 2014, and one million won from May 8, 2014, respectively.

As above, although the Defendant and B did not have an intention or ability to circumvent the crackdown on public morals business, they had by deceiving the victim, and received a total of KRW 5,500,000 from January 22, 2013 to May 8, 2014, a total of four times from May 22, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. The details of passbook transactions, the detailed statement on Samsung Card Use, investigation report (Submission of the details of account transactions in an accusation) and the details of account withdrawal and withdrawal transactions, and application of the Acts and subordinate statutes to investigate reports (the details of fund spending);

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the Criminal Act, and Article 30 of the Criminal Act (generally, selection of fines);

1. Article 70 of the former Criminal Act (Law No. 14, May 14, 2014).

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