beta
(영문) 울산지방법원 2016.07.01 2016고합105

사기등

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

At the office operated by Defendant B in Ulsan-gun, Ulsan-gun, around September 2015, the Defendants would be able to deal with F's case in whole at the request of the Deputy Prosecutor General of the Seoul Central Prosecutor's Office at around 2015, for the victim G, who is an employee of F under investigation such as embezzlement by the public prosecutor's office of Ulsan-do, the public prosecutor's office of Ulsan-do.

The phrase “ makes a false statement.”

그러나 사실, 피고인들은 서울 중앙 지검 차장검사가 누구인지도 알지 못하는 등 처음부터 피해자를 속여 접대비 등을 가로챌 생각이었고, 실제로 수사기관 관계자에게 F의 위 사건에 대한 청탁을 할 의사와 능력이 전혀 없었다.

On September 21, 2015, the Defendants received KRW 3 million from the injured party to the Defendant’s parallel account in the name of the Defendant around September 21, 2015, and received KRW 30 million in cash in front of the restaurant in the above E plant around October 6, 2015, and received KRW 1 million from the Defendant’s parallel account in the name of the Defendant A on the same day.

As a result, the Defendants conspired to induce the victims to receive a total of 34 million won from the victims, and received money and valuables under the pretext of soliciting the cases handled by the public officials.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement of the police statement related to G;

1. Preparation of, and reporting on, recording records, recording notes (No. 3, 12 of the evidence list), and recording notes;

1. Application of Acts and subordinate statutes to a criminal investigation report (collection of criminal intelligence), investigation report (Submission of details of deposits and withdrawals of passbook G from a witness), investigation report (Attachment of a copy of a written opinion), investigation report (Attachment of a certified copy of a corporate registry), investigation report (specific matters concerning the person under investigation), investigation report (specific matters concerning the person under investigation), investigation report (A or B) and investigation report

1. The Defendants of the pertinent legal provisions concerning criminal facts: Articles 347(1), 30 (including fraud, referring to the fact of fraud), 111(1) of the Criminal Act, Article 30 of the Criminal Act (including the fact of receiving money and valuables on the pretext of solicitation, and including the fact of receiving money and valuables on the basis of solicitation);

1. Commercial concurrence;