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A defendant shall be punished by imprisonment for one year.
11,000,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On April 22, 2010, the Defendant was sentenced to imprisonment with prison labor for not more than eight months at the Changwon District Court for fraud, etc.
7. 17. The execution of the above sentence was terminated in the Changwon Prison.
[2014 Highest 202] Around March 2012, the Defendant, while boarding a private taxi operated by the victim E (at the age of 53) in front of the D Hospital located in Jinju-si at the end of March, 2012 and communicating with the victim, listened to the fact that the victim’s children do not find employment due to her husband’s previous convictions by the victim, she received money from the victim as a request for cancellation before and after the victim’s personal use.
Accordingly, the Defendant stated that “The Defendant was sentenced to imprisonment with prison labor that had been greatly granted a traffic accident before the time, who had been released, sent 3 million won to police officers and cancelled their previous convictions, and then was employed in a big high-speed bus company. If a police officer in Korea pays money to a police officer, she would be able to cancel her husband’s previous convictions. If she would be 5.7 million won, she would be able to cancel her husband’s previous convictions, and she would be able to find employment in the customs office located in Seoul.”
However, in fact, the defendant was able to receive money from the victim for personal purposes, such as living expenses and medical expenses, by taking advantage of the situation where the victim was aware of the problem of finding employment due to her husband's previous convictions, and thus, he did not have the intention or ability to cancel her husband's previous convictions even if he received money from the victim for solicitation.
In addition, the Defendant, by deceiving the victim as above and receiving KRW 2,00,000 from the victim for solicitation around 15:00 on March 28, 2012 from the victim under its control, and thereafter, from around that time, the Defendant got 2,00,000 as solicitation money.
5. Until July 1, 200, a total of KRW 11,000,000 shall be made up of nine times, such as in the Schedule of Crimes.