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(영문) 인천지방법원 2019.06.28 2019고합96
사기등
Text

A person shall be punished by imprisonment with prison labor for one year with prison labor for a crime of No. 2 and No. 3 with prison labor for a crime of No. 1 in the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Power] On April 8, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for fabrication of official documents at the Suwon District Court on September 18, 2016, and completed the execution of the sentence at Seongdong-gu District Court on September 18, 2016.

On February 7, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on the 15th of the same month.

【Criminal Facts】

"2019, 96"

1. On September 22, 2016, the Defendant made a false statement to the victim B, stating that “A victim’s Chokdong D may make a request to the prosecutor who was detained on July 3, 2016, and, if so, it is necessary to pay money.”

However, even if the defendant receives money from the victim, the defendant did not have any intention or ability to solicit the prosecutor in charge of investigation into the above case to release D.

Around October 13, 2016, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim’s account in the name of E (Account Number: G) designated by the Defendant, and received money and valuables under the pretext of soliciting the case or affairs handled by the public official, as described in the attached Table 1, from September 22, 2016 to January 10, 2017, by receiving KRW 24,000,000 in total over 14 times from September 22, 2016, as described in the attached Table 1.

"2019 Highly 166"

2. On August 8, 2018, around 19:11, 2018, the Defendant: (a) visited H Apartment I of the Mapo-si, Mapo-si, Sinpo-si, Internet JKa-ro, posted a notice on the bulletin board stating that “150,000 square meters are sold” on the bulletin board; and (b) sent the victim K who reported and contacted the above writing KRW 150,00 to the victim K.

The term "assumed" was referred to.

However, the defendant did not have the intention or ability to sell the proceeds even if the victim remitted the proceeds.

As above, the defendant deceivings the victim as above and belongs thereto from the victim's L account (Account Number: M) in the name of the defendant.

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