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(영문) 전주지방법원 2017.02.16 2016고정892
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Defendant

A is a person who was in the custody of an Ansan prison with the victim B around September 2015.

On December 2, 2015, the Defendant told the victim B, who was tried to commit a violation of the Narcotics Control Act (hereinafter referred to as the "Act") at Anyang Prison No. 42, 508, as the police officer, at the early 2015, that "I will help the victim B who was tried to commit a violation of the Act on the Control of Narcotics, etc.," and that "I will bring him to the public if I inform him of the investigation of narcotics, and if I will control the drug offender, I will bring him to the public."

However, even if the defendant received money from the injured party, he did not have any intention or ability to assist the victim in the trial.

In such a situation, the Defendant, by deceiving the victim, received KRW 1,00,000 from the victim’s wife C at around 30 days of the same year from the victim, via the victim’s wife C. On February 4, 2016, the Defendant received KRW 500,000 from the new bank bank located in the Jung-gu Seoul Metropolitan Government Yellow School (E) to the Defendant’s wife’s wife’s bank account (hereinafter “C”), and received KRW 1,50,000 from the Defendant’s wife via C, and received KRW 50,000,000 from the Defendant’s wife through two occasions.

Summary of Evidence

1. Each police statement made with respect to F, G, and B;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (a comprehensive selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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