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Defendant
B 1-A of the judgment of the court below
8 months of imprisonment, the holding No. 1-B.
For the crimes, six months of imprisonment;
Reasons
Punishment of the crime
[criminal record] On September 22, 2006, Defendant B was sentenced to one year and five months of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on October 24, 2007, and the execution of the sentence was terminated on October 6, 201. On October 6, 2011, the Gwangju District Court sentenced six months of imprisonment and two years of suspended execution to a violation of the Act on the Control of Narcotics, etc., and the judgment was finalized on October 14, 201. On December 8, 2011, the Seoul East District Court sentenced four months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on March 2, 2012.
Defendant
C On May 10, 2012, the Busan District Court was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Busan District Court on January 15, 2013.
【Criminal Facts】
1. Defendant B
A. A. Violation of the Attorney-at-Law Act and fraud [2013 Height255] have been accessed by the victim Q Q Q’s awareness that the Defendant will be sentenced to imprisonment with prison labor by being detained as the date of medication during the period of suspension of the execution of the sentence. The Defendant attempted to receive money from the victim under the pretext of impairing the solicitation of the case by providing information on the arrest of the drug offender to the prosecutor who is profined.
Around June 16, 2008, the Defendant made a false statement to the victim, “The Defendant knew of a high person in the prosecutor’s office to which he is detained, who will be in charge of handling the money, after identifying from the next day, that the Defendant would be in charge of handling the money.”
However, even if the defendant receives money from the victim as a request, he did not know about the high person in the prosecutor's office, and did not have the intention or ability to release the AR as a fine by solicitation to the prosecutor.
The defendant deceivings the victim as above, and is against the victim, i.e., 2.