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(영문) 서울서부지방법원 2015.09.02 2015고단726
사기
Text

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 January 18, 2013, the Defendant observed the fact that the victim F was investigated by the traffic accident investigation team of the Seoul Mapo Police Station by a drunk driving accident investigation team of the Seoul Mapo Police Station before the police officer, and had the witness observed the fact that the victim was a drunk driving even before the victim, and used the fact that the victim was involved in the drinking driving to obtain money from the victim.

At around 13:00 on January 18, 2013, the Defendant again called, “The Defendant, within the 12 Goyang-gu Godong Police Station, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 12, Dayang-gu, 12, followed the Defendant to the police officer, who did not comply with the drinking-in measurement, may be subject to the charge of obstruction of performance of official duties added to the charge of obstruction of performance of official duties, and the Defendant, with the knowledge of the common sense, told the former police officer H to be exempted from detention

However, in fact, there was no additional suspicion of obstruction of performance of official duties against the victim, and the defendant had the intent to use the money received from the victim as the living expenses of the victim, etc., so there was no intention or ability to solicit the victim not to be detained.

Ultimately, the Defendant received a total of KRW 64,80,000 from June 18, 2014, including that the Defendant made a false statement to the victim and received KRW 1,500,000 in cash on the same day from the victim, as above, from that time, until June 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecution with respect to F;

1. Statement of each police statement to I, J, and K;

1. Application of Acts and subordinate statutes to internal investigation reports (a victim's statement, details of entry and withdrawal of passbooks, credit card transaction details, etc.), investigation reports (a report submitted by the F of the victim's Kakao message, etc.) and accompanying documents;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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