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(영문) 수원지방법원 성남지원 2015.05.20 2014고단3007

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant asked the F to promote the public officials E belonging to the lower court, who are subsequent to D, and asked the F to make the request for promotion to the public officials E belonging to the lower court, so that the said E may be promoted. The Defendant demanded the F to pay school expenses or entertainment expenses, received the remittance from the victim on April 9, 2008, and transferred KRW 6 million to the new bank account in the name of G on June 26, 2008, received the remittance of KRW 6 million from the victim on June 26, 2008, and received KRW 14 million in cash on July 9, 2008, and received KRW 5 million on July 14, 2008. < Amended by Presidential Decree No. 20613, Jul. 14, 2008>

As above, the Defendant received money and valuables for mediating matters pertaining to the duties of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including DNA statements);

1. Statement made by each prosecutor's office with regard to D;

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes confirming facts

1. Article 3 of the relevant Act on the Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes elective Punishment;

1. Article 62 (1) of the Criminal Act (i.e., reflective points, such as reflective points and absence of the same previous case);

1. The portion not guilty under Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. The summary of the facts charged is that the Defendant: (a) expressed pro ratas with H and F, which are ordinary politics members; (b) requested the victim D to promote the public officials E belonging to the Hannam Viewing service, who are subsequent to the Defendant; and (c) requested the F to offer money in the name of school expenses or entertainment expenses; (b) received the remittance from the victim on April 9, 2008; (c) transferred KRW 6 million from the victim to the new bank account in the name of G on June 26, 2008; (d) received KRW 14 million from the victim on July 9, 2008; and (e) received KRW 5 million on July 14, 2008; and (e) received KRW 14 million from the cash delivery on July 14, 2008.

However, the defendant did not have any intention or ability to promote the above E even if he received the money in the name of school expenses or entertainment expenses from the victim.

As above, the defendant deceivings the victim to be entertainment expenses or teaching expenses.