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(영문) 서울북부지방법원 2014.03.26 2014고정39
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 201, the Defendant made a false statement to the victim, who was asked by the victim C to obtain the nationality of the Republic of Korea promptly from the victim C in the intercompeting restaurant located in the Jung-gu Seoul, Jung-gu, Seoul, stating that “The Defendant would have a friendly Gu in the immigration office, and would change the expenses for the aid and delivery to enable the acquisition of nationality of the Republic of Korea.”

However, in fact, the defendant did not have a person who was aware of the entry into or departure from the office and had no intention or ability to help the victim acquire the nationality of the Republic of Korea.

Around June 10, 201, the Defendant received KRW 1,000,000 from the victim to one bank account (Account Number D) in the name of the Defendant at the location of the National Bank in Seongbuk-dong, Seongbuk-gu, Seoul, Seongbuk-gu, Seoul, and around July 8, 2011, the Defendant received KRW 2,00,000,000 in total over two occasions, such as receiving KRW 8-2,00 from the closing-dong branch of the National Bank in Seongbuk-gu, Seoul to the above account, and received KRW 2,00,000 in total from the above account.

Accordingly, the defendant received money and valuables under the pretext of inducing or arranging the affairs handled by the public officials simultaneously with the receipt of property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime; Article 111 (1) of the Attorney-at-Law 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 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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