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(영문) 서울중앙지방법원 2015.06.24 2015고정1005
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant and B heard the horses from the victim C that they will perform internal investigation due to narcotics medication charges, etc. at the Seoul Yeongdeungpo Police Station C, and made a false statement, and conspired to obtain money by fraud.

On November 2013, 2013, the Defendant and B, at the “E” restaurant located in Guro-gu Seoul Metropolitan Government D, know well-known to the victim of the Seoul Young Military Police Station Demna, are going to go through internal investigation of KRW 5 million.

‘False speech' was made.

However, the defendant and B did not have the intention or ability to terminate the internal investigation case.

The Defendant, in collusion with B, received cash of five million won from the victim, and B received cash of two million won, respectively, and received money and valuables under the pretext of solicitation or intermediation of the case handled by the public officials, and at the same time, received money and valuables from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of C (Articles 1 through 3);

1. Application of the police protocol of statement to F;

1. Article 347 (1) and Article 30 (Fraud) of the Criminal Act applicable to the facts constituting an offense; Article 111 (1) of the Attorney-at-Law Act; Article 30 (Violation of the Attorney-at-Law Act) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The latter part of Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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