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Reasons
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(영문) 대전지방법원 홍성지원 2013.11.13 2013고단772
사기등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant came to know of the fact that the victim filed a complaint by embezzlement of E at the D Office of the Victim C’s Operation in Yangju-si on May 9, 2011, the Defendant issued KRW 20 million to the Defendant’s agricultural bank account around May 9, 2011, and KRW 5 million to the same account around June 27, 201, and KRW 5 million to the same account as the same account on July 8, 2011, to the victim, without the intention or ability to protect E as well as to protect E.

As a result, the defendant received a total of KRW 30 million from the victim under the pretext of soliciting the case handled by the public official, and at the same time acquired the amount of the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the prosecution examination protocol against the defendant

1. Statement of the police statement regarding C;

1. A copy of the daily financial report;

1. Full certificate of registered matters;

1. A list of transactions of self-reliance deposits;

1. Application of statutes governing details of self-reliance deposits;

1. Article 111 (1) of the Attorney-at-Law Act (the point of receiving money and valuables under the pretext of solicitation for cases dealt with by public officials) and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of alternative imprisonment with prison labor (the following factors, etc. of sentencing shall be taken into account):

1. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

1. In light of the method of and degree of damage to a crime with reason for sentencing under the latter part of Article 116 of the Attorney-at-Law Act, the defendant committed the crime of this case in addition, even though he had already been punished as a fine for the same kind of crime.

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