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(영문) 서울중앙지방법원 2016.06.24 2016고합266

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

On December 16, 1991, the Defendant was appointed as a local administrative secretary of the Gu office among Seoul on December 16, 1991 and promoted to a local administrative assistant on August 20, 2010, and served as the head of the transportation business team of the Jung-gu Facilities Management Corporation, the mid-gu public health clinic C, and the victim D is a relationship known to him/her only when he/she serves as a small and medium-gu public community service center around 2000.

On October 2012, the Defendant called the victim in the Buddhist Land of Seoul (hereinafter referred to as Seoul) and sent it to the Gu Office Facility Management Corporation among children.

The employer made a false statement to the employment-related personnel to pay the royalties.

However, even if the defendant received money from the actual victims as the use of the street funds, he did not have any intention or ability to employ the victims as the staff of the Jung-gu Facilities Management Corporation by soliciting or arranging the public officials in charge.

As such, the Defendant, by deceiving the victim as such, was transferred to the post office account in the name of the Defendant, KRW 15 million, including KRW 10 million on October 31, 2012 and KRW 5 million on November 9, 2012.

As a result, the defendant received money and valuables as to intermediation of matters belonging to the duties of public officials and received property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Copy of bankbooks and details of financial transactions;

1. The application of Acts and subordinate statutes requesting cooperation in investigation reports, investigation reports (report on confirmation of whether a public official is holding office), and application of the request for cooperation in investigation;

1. Article 347 (1) of the Criminal Act (referring to the fraud and inclusive) of the relevant Act on the crime, and Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the point of reproduction, inclusive) concerning the crime;

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

1. Selection of the penalty;