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(영문) 울산지방법원 2016.08.05 2016고합48

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

From December 1, 2011, the Defendant is a person who works as the president of an incorporated association D (hereinafter referred to as “D”) from around December 1, 201 to the present.

"2016 Gohap 48" Defendant would allow the victim F to operate a restaurant at the D office located on the third floor of the building in Ulsan-gu E in Ulsan-gu, Ulsan-gu around June 27, 2014.

In order to receive a restaurant operation right, it is necessary to conduct personnel affairs to the head of H, and the Guro Fund is necessary.

On June 30, 2014, “If the victim has personnel to the head of the H Gu I, the cafeteria box shall be well unfilled.”

10 million won is not weak.

20 million won should not be given in the country.

“.......”

However, even if the defendant receives money from the injured party, he/she thought that he/she will use it as the defendant's living expenses and D operating funds without the intention to use it as the street funds to obtain the right to operate the restaurant from the head of H, and H has no intention and ability to receive the right to operate the restaurant by paying the street to the head of H.

On June 30, 2014, the Defendant received KRW 20 million from the damaged party to the corporate bank account under J’s name used by the Defendant.

Accordingly, the Defendant, by deceiving the victim as above, was given KRW 20 million under the pretext of soliciting the head of H to the head of the Gu in relation to the disposition of the right to operate the restaurant by a public official.

"2016 Gohap 194"

1. At the above D office around March 28, 2014, the Defendant made a false statement to the victim K to the effect that “I would enable I to obtain the right to operate a restaurant after I was elected as the head of the Gu at the same time by holding I, who is a preliminary candidate for the head of the H having a pro-friendly relationship, to whom I would have been held to the head of the Gu, if I would make his election certain at this time, and after being elected as the head of the Gu to receive the right to operate a restaurant.”

However, even if the defendant receives money from the injured party, he shall be given I.