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(영문) 대전지방법원 천안지원 2016.05.20 2015고단2295
사기등
Text

A defendant shall be punished by imprisonment for six months.

7,450,00 won shall be additionally collected from the defendant.

The defendant shall pay compensation to the applicant.

Reasons

Punishment of the crime

On September 26, 2014, the Defendant issued a false statement to the victim B, “On the part of the police station in the course of drinking alcohol-related police investigation, the Defendant added the name of the crime of interference with the performance of official duties and damage to public goods during the course of the police investigation.” On the other hand, the Defendant sent the victim a false statement to the effect that “The Defendant would have the police officers, the chief of the criminal community, the criminal department, the criminal department in charge of traffic, and the police box staff, etc. contact with the police officers, the police officers, the staff of the police box, etc., and would have the end of the fine.”

However, even if the victim receives money from the victim, there was no intention or ability to prevent the victim from being subject to the revocation of the license or to be sentenced to a fine.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 1 million from the injured party on the same day from the above day to January 4, 2015, received money on the pretext that he/she received a total of KRW 7,450,000 from around 11 times, as shown in the list of crimes in the attached Table, and received money on the pretext that he/she made solicitation for a case handled by a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Details of financial transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (in comprehensive, the point of fraud) and Article 111(1) (in comprehensive, the point of receiving money and valuables on the pretext of solicitation) of the Act by attorneys-at-law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments provided for in more severe frauds);

1. Selection of imprisonment with prison labor chosen;

1. The late text of Article 116 of the Act;

1. The reason for sentencing in Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation [the scope of recommending punishment] In the basic area (from June to one year and six months) [no person who has any special sentencing sentencing person] [the decision of sentencing] of deceiving a victim to receive money under the pretext of inducing a public official by deceiving him/her. The same kind of crime is not good.

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