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(영문) 서울중앙지방법원 2016.01.21 2015고합1135
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was employed as a police officer and retired around 2009.

On March 27, 2013, the Defendant sent a consular F and Cheongdo to the victim D and E at a coffee shop located in Pyeongtaek-gu, Hong-gu, Pyeong-gu.

It is possible to issue five Chinese visas, and 100,000 bills are needed to pay street to F Projectors.

"......" If the visa is not issued, a certificate of borrowing 100,000 won was written as if it were to be returned to the victims, but there was no intention or ability to issue the visa to the disqualified persons or to return the said money.

Nevertheless, the Defendant, as above, was issued 10,000 Chinese currency at the coffee shop on the same day from the victims. The Defendant was issued approximately 18,000 Chinese currency at the same day.

Accordingly, the defendant received money and valuables from the victims under the pretext of acquiring 100,000 Chinese money from the victims, and at the same time making requests or arranging the cases or affairs handled by the public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the accused;

1. Records of each statement made to D and G, and records of the content of investigation into telephone communications to E;

1. A statement prepared by the F;

1. Application of the statutes governing each passport copy, loan certificate, and individual immigration status;

1. Article 347 (1) of the Criminal Act (the point of fraud) of the relevant Act on the facts constituting an offense, and Article 111 (1) of the Act (the point of acceptance of money and valuables under the pretext of solicitation and good offices) by attorneys-at-law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments provided for in more severe frauds);

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing of an attorney-at-law on January 21, 2016 (the base rate for trading at the exchange rate of 183.57 won in the first public notice on January 21, 2016), the later part of Article 116 of the Act (the 100,000 Chinese currency 】 the date

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The sentencing criteria do not apply to each of the crimes of this case, the scope of which is recommended according to the sentencing criteria, in the ordinary competition relationship.

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