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(영문) 부산지방법원 2017.08.09 2017고정812
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 23, 2016, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on March 31, 2017.

On April 2014, the Defendant became aware of the fact that the Defendant was under investigation as a suspicion of violation of the Narcotics Control Act (fence) in the Narcotics Investigation Team of the Busan National Police Agency around March 2014, 2014, the Defendant came to look at the victim E in the vicinity of the C, located in the Busan National Police Agency, Busan National Police Agency, and then came to know of the fact that the Defendant was under investigation on the charge of violation of the Narcotics Control Act (fence).

The purpose of this article was to acquire money by fraud.

Accordingly, the Defendant made a false statement to the effect that “The Defendant would provide information on other narcotics-related offenders to an investigation agency for the purpose of receiving a minor punishment,” thereby making the victim be subject to a judgment of fine or suspended execution.”

However, in fact, the defendant was expected to receive money from the injured party for personal purposes, and there was no intention or ability of the defendant to receive minor punishment.

As such, the Defendant, by deceiving the victim, received KRW 200,000 from the victim in cash on the same day, i.e., the same day from the victim, and acquired KRW 2 million on April 11, 2014, KRW 100,000 on April 23, 2014, KRW 200,000 on May 17, 2014, and KRW 1 million on June 5, 2014, respectively, by deceiving the victim.

Accordingly, the defendant received money under the pretext of soliciting or arranging the case or affairs handled by public officials, and at the same time deceiving the victim, acquired the above money by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police investigation report (a confirmation and investigation of the F residence and location of a witness);

1. Inquiries about details of transactions of free savings deposits;

1. Previous convictions: Results of the case search, results of confirmation of the previous convictions and results of the disposition (Attachment of the first instance judgment and page No. 87 of the investigation records).

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