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(영문) 광주지방법원 2015.12.04 2015고단4317
사기등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

From November 2013, the Defendant received the request from the victim C (the 39-year-old) who was introduced through the police officer, to find ways to properly deal with the victim's case, such as the violation of Electronic Financial Transactions Act against the victim under investigation by the prosecution (the 2013-type District Prosecutors' Office 2013-type 49280, 62602), and the establishment of gambling space against the victim's wife in the appellate trial (the Maju District Court 2013No2430) in the direction favorable to the victim and D.

Therefore, the defendant did not have a public official who has a friendly relationship with the prosecution or court, and instead did not have the intention or ability to exercise any influence on the above two cases, by deceiving the victim to deliver money and valuables under the pretext of solicitation to the public officials in charge of the prosecution and the court.

On November 1, 2013, the Defendant stated that “The case under investigation at the Magjump's seat was a flusium of the victim’s operation on the first floor of the Gwangju Mine-gu E, and the victim was almost a flusium to take a “flusium” measure against the victim. At the same time, the Defendant stated that the public official working at the public prosecutor’s office would have changed the amount of KRW 3 million with his her flusium cost in order to end the case while doing so.”

However, in fact, the defendant did not have the intention or ability to make the public official working in the prosecutor's office so that the victim is suspected.

As above, the Defendant, by deceiving the victim and receiving KRW 3 million in cash from the victim, received money and valuables under the pretext of solicitation for a case handled by a public official at the same time. From November 1, 2013 to January 7, 2014, by deceiving the victim on five occasions, such as the list of crimes, and by deceiving the victim, he/she received the total amount of KRW 16.8 million from the victim, and at the same time, solicits a public official to accept the case.

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