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(영문) 대구지방법원 2019.10.08 2019고단1168 (1)
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

2,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement with respect to cases or affairs handled by public officials.

Nevertheless, at the coffee shop located in Daegu Suwon-gu B around May 2018, the Defendant: (a) sought from the victim D to pay the debt, and (b) sought from the victim D, “The account was seized and the money was not received; (c) therefore, he did not receive the money borrowed from thener; (d) I asked the victim to pay the money promptly; and (e) I want to pay the money from the victim on June 2018, I explained the victim that “I want to pay the money soon”; and (e) I expressed to Co-Defendant E that “I would receive money from the victim as a entertainment expense.” Therefore, I responded to this.

In collusion with Co-Defendant E, on June 2018, the Defendant introduced the victim as the police, and the Defendant falsely stated that “A’s head of Tong food requires KRW 2 million as the inspection entertainment expense.”

However, the fact that the defendant did not seize his account to the investigation authority, E was not a police, and the defendant did not think that he would make a solicitation to the prosecutor.

The Defendant and E, as mentioned above, was urged by the victim to receive KRW 2 million from the victim’s occupation.

As a result, the defendant, in collusion with Co-Defendant E, had the victim enticed that he would make a solicitation or mediation about the case handled by the public official, and received two million won from the victim.

Summary of Evidence

1. Legal statement of the defendant and co-defendant E;

1. A protocol concerning suspect interrogation of Defendant E (including DNA statements);

1. Written Statements 1.

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