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(영문) 창원지방법원 2018.01.09 2017고단3120

사기등

Text

A defendant shall be punished by imprisonment for one year.

50 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is a person with no certain occupation, and the corporation C is a company that implements construction of new apartment houses of the Kimhae-si, Kimhae-si, the scale of 614 households, Kimhae-si.

E Housing Association applied for authorization to establish a housing association at the time of Kim Sea, but the Kim Sea Education Support Agency requested consultation at the time of Kim Sea received notification that it is inappropriate to establish an elementary school in the name of the Ministry of Education as a result of the central investment examination of the Ministry of Education, so it was not authorized to reply to the purport that the establishment of an elementary school in the relevant project site is insufficient to accommodate students in the relevant project site," and the defendant was aware of this fact and tried to obtain money from the representative director of the above company under the pretext that the defendant solicits G et al. to solve the problem of elementary school establishment.

On June 8, 2015, the Defendant found the above apartment publicity center in H building in Kimhae-si, Kimhae-si, and argued that “A victim I, the representative director of the said company, who is the representative director of the said company, proposed that I would like to resolve the newly established problem of elementary school by attempting to make an election so that G would be elected at the office of education in the Gyeongnam-do, and by requesting it to the G or his J, and having a friendly relationship with K, etc.

However, the defendant did not have any specific relationship with G or K, and even if he received money from the injured party for the purpose of solicitation, such as that he does not have any final decision-making authority for the establishment of an elementary school, he did not have any intention or ability to solve the problems of the establishment of an elementary school to obtain authorization from the housing association.

Accordingly, the defendant deceivings the victim as above, and is the same month from the victim.

9. At the same time, a sum of KRW 30 million and KRW 20 million, including checks, was delivered at the above apartment publicity center underground parking lot, and money and valuables was received under the pretext of solicitation or good offices for the affairs handled by the public officials.

(i) the evidence;