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(영문) 수원지방법원 여주지원 2016.07.12 2016고단523
사기등
Text

A defendant shall be punished by imprisonment for six months.

10 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant became aware of the fact that the investor E is receiving a request for detention warrant from the branch court of Suwon District Court due to suspicion of forgery of official documents, etc. in the inspection of D, which is located in Pyeongtaek-si, Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and that the Defendant would take the procedures for the examination of the suspect before detention.

Accordingly, on December 2, 2015, the Defendant was carrying out the Victim at the “G” restaurant located in Ischeon-si F on December 2, 2015 with the victim, and the Defendant was the head of the Gu’s branch.

Then, on December 3, 2015, after the time limit to the effect that there are many people in the prosecution, the victim made a high-ranking position in Daegu with respect to the examination of the substance of the warrant scheduled in P.M. to the victim on December 3, 2015.

If the detention warrant is issued, the amount of KRW 10 million will be refunded. If the detention warrant is issued, the amount of KRW 10 million will be refunded.

“The phrase “ was false.”

However, at the time, the defendant did not have any intention or ability to make a solicitation to the senior personnel of the prosecutor's office in relation to the detention of the victim, even if he did not have any legal person among his family members or branch members, and even if he received money from the victim, he did not have any intention or ability to make a solicitation to the senior personnel of the prosecutor's office.

The Defendant, as above, was given money and valuables under the pretext of deceiving the victim and receiving 10 million won from the victim to the Daegu Bank Account (H) account under the name of the Defendant at the same time, and making solicitation or good offices with respect to the cases or affairs handled by the public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to E and I;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made to I by the police;

1. A detailed statement of account transactions;

1. Application of Acts and subordinate statutes to recording books;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 111 (1) (the point of violation of law by an attorney-at-law) of the Act on the facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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