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(영문) 수원지방법원 성남지원 2017.01.19 2016고단3360
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a certified judicial scrivener.

1. On November 24, 2015, Defendant B, at a member of the Seongbuk-do Sungnam-si, ordered Defendant D, by telephone, to ensure that Defendant B can be punished by a fine upon request from the public prosecutor or investigator in charge of the violation of the Punishment of Violences, etc. Act with respect to the case of violation of the Punishment of Violences, etc. against E being investigated by the Sungwon District Public Prosecutor's Branch Office of the Suwon District Public Prosecutor's Office.

10 million won was remitted to the Agricultural Cooperative Account in the name of the defendant, under the pretext of requesting money as possible, and soliciting the public prosecutor in charge and investigator from F, a member of E, to whom D was introduced.

Accordingly, the defendant received money and valuables under the pretext of soliciting or arranging the case or affairs handled by the public official.

2. On November 26, 2015, Defendant A made a false statement to the effect that “The victim B, who consulted with the victim B, who was consulted about whether there is no way to easily resolve the violation of the Punishment of Violences, etc. to the E under investigation,” and that “the amount of three million won as a fine by requesting the prosecution investigator to the prosecution investigator, who would be able to go to a fine,” was remitted three million won from the victim to the Saemaul Bank account in the name of the Defendant.

However, the defendant did not have the intention or ability to pay a fine by requesting the prosecution investigator to the prosecution investigator, and there was no intention to deliver three million won to the prosecution investigator.

As such, the Defendant received money and valuables under the pretext of deceiving the victim B, receiving three million won from the injured party under the pretext of solicitation, and receiving money from the injured party, and concurrently soliciting or arranging the case or affairs handled by the public official.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to E, F, and D;

1. The accusation statement, details of issuance of money, documents of request for detention warrant, materials submitted by the complainant, copy of the passbook of the suspect, and detailed statement of deposit transactions; and

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