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(영문) 서울북부지방법원 2016.07.07 2016고단33
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C On April 30, 2009, at the Gangnam Police Station, arrested victims of special robbery, etc. and received investigation, and C's denial D requested the victim F who was introduced through E on May 1, 2009 to "C is being investigated and detained by the Gangnam Police Station and is not detained."

On the date upon request of the victim, the defendant asked the defendant whether C may not be detained by telephone, and the defendant will not be detained by C upon request from the person who is aware of the investigation agency if C is asked to ask for "10 million won."

“A false statement was made to the effect that it was “.”

According to the end, the victim received 8 million won from D to deliver it to the defendant through E around that time.

However, even if the defendant received money from the injured party, he did not have the ability to exercise influence over C's release by soliciting employees of investigative agencies.

On May 7, 2009, the Defendant, by deceiving the victim, received KRW 8 million from the victim in the passenger car of the Defendant who parked in the vicinity of the Seocho-gu Seoul Jungdong Police Station under the said pretext.

Accordingly, the defendant received money and valuables under the pretext of soliciting the case handled by public officials, and at the same time acquired 8 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the statements made to the F and G by each prosecutor's office;

1. Each letter, letter of payment

1. Application of the video Acts and subordinate statutes to each text message photograph;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense; Article 111 (1) of the Act (Selection of Imprisonment with labor);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the fact that the criminal act was denied, but the case is late following the crime in the court, the victim expressed his/her intention not to punish by compensating for damage);

1. An attorney-at-law for additional collection;

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