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Reasons
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(영문) 인천지방법원 부천지원 2014.05.02 2014고단618
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

On August 3, 2009, the Defendant made a false statement to the victim C by phoneing the victim C, and saying, “The Defendant would have a high-ranking official D be employed by the Corporation in favor of the children. Entertainment expenses are necessary to meet D.”

However, the defendant did not have the intention or ability to solicit the employment of the victim to D.

The Defendant received KRW 300,000,000 from the victim as entertainment expenses for the same day, and received KRW 27,520,000 in total on 16 occasions from around that time to February 6, 2012 as indicated in the list of crimes in the attached list of crimes.

As a result, the defendant was given money under the pretext of soliciting the public officials to handle the affairs handled by the public officials while deceiving the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of prosecutorial statement concerning C;

1. Each written statement of C;

1. Details of each deposit and withdrawal, copies of cashier's checks, receipt sources of each deposit, certificate of deposit, details of each passbook transaction, application of Acts and subordinate statutes on deposit and withdrawal;

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 imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (general consideration, such as the fact that the crime in this case is led to confession and reflect on the crime, and that the life life of the pregnant woman is two to three months as the horse in a state in which it is impossible to cure it;

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

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