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(영문) 부산지방법원 동부지원 2018.04.17 2017고합283
사기등
Text

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

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

Reasons

Punishment of the crime

The defendant filed a complaint with C such as D and E, but was not subject to disposition by the Busan District Public Prosecutor's Office, and then filed a complaint with the Busan High Public Prosecutor's Office, the defendant will be bound by D and E in solicitation of a request to the prosecutor.

False words were made and money was received from the injured person for the purpose of the street fund.

On October 10, 2016, the Defendant introduced the Victim C to the victim at the yacht Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak, FMM, F, F, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P,

B. The phrase “to deliver KRW 20 million to F professor on the face of a week” was false to use 20 million as a street funds.

However, even if the defendant received money from the injured party, there was no plan to deliver it to F, and there was no intention or ability to keep the injured party bound by E and D.

Defendant deceiving the victim as above and received KRW 20 million in cash from the injured party around October 1 of the same year.

As a result, the defendant was given money under the pretext of soliciting or arranging a case in which public officials handle at the same time by deceiving the victim and receiving property.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (the submission of evidentiary materials, such as a joint business contract (the net time 8), the details of separate cases filed by the complainants, and the written decision on non-prosecution, etc. (the net time 16);

1. Article 347 (1) of the Criminal Act (the point of fraud) of the relevant Act on the facts constituting an offense, and Article 111 (1) (the point of receiving money and valuables on the pretext of solicitation) of the Act by attorneys-at-law;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment shall be heavier.

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