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(영문) 서울북부지방법원 2015.02.12 2015고단102
사기등
Text

A defendant shall be punished by imprisonment for one year.

17.2 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is a person who lives as a daily worker without a certain occupation.

The defendant was present at the Da's funeral hall, which was living together at the time, as the victim E, who was the wife of Da. On October 23, 2009, the defendant was aware of the death of the heart at G Coina or F located in Dobong-gu Seoul Metropolitan Government F, and tried to acquire money under the name of the victim, such as entertainment expenses, by deceiving the victim.

Around October 25, 2009, the Defendant: (a) at Lestop, where it is impossible to know the trade name in Gangdong-gu Seoul Metropolitan Governmentcheon-dong, the Defendant: (b) stated that “In the Republic of Korea, D was sent to G Mana, and D was dead by electric shock, not by the heart, but by the core cost. The same applies to G Mana’s manipulation that money was dead by the core cost; (c) as the prosecutor has well known inside and outside of the Republic of Korea, the Defendant would receive an agreement by requesting that the Defendant died by electric shock.” The Defendant demanded that the Defendant receive an amount of money under the pretext of the expense at the request of the prosecutor.

However, the defendant did not have any intention or ability to make a request to a senior prosecutor, etc., because he did not have any person who was aware of during the prosecutor.

As above, the Defendant deceptioned the victim, and received KRW 5 million from the victim’s 28th of the same month via the Agricultural Cooperative (H) account in the name of C on the 28th of the same month, and received a total of KRW 17,200,000 from three occasions, as shown in the attached list of crimes.

As a result, the defendant received 17.2 million won under the pretext of solicitation or good offices for the cases or affairs handled by public officials, and, at the same time, deceiving the victim, thereby deceiving 17.2 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of statutes confirming details of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime; Article 111 (1) of the Attorney-at-Law Act;

1. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Punishment Act shall be imposed on a more severe crime.

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