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(영문) 서울중앙지방법원 2012.11.29 2012고단3178

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant, at the Seoul Central District Court, was sentenced to a suspended sentence of imprisonment for four months for fraud, and the said judgment became final and conclusive on August 28, 2010.

On July 25, 2009, the Defendant stated that, “B shall arrange the victims D, a corporation that manufactures sports facilities, human turfd, etc., in an influent restaurant located in Yeongdeungpo-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) to receive a large number of landscaping construction works implemented by the Seoul Special Metropolitan City (Seoul Special Metropolitan City) and G Seoul Special Metropolitan City (Seoul Special Metropolitan City), the Defendant would be allowed to receive a large number of landscaping construction works implemented by the Seoul Special Metropolitan City (Seoul Special Metropolitan City). I would like to appoint B as a business director of the Seoul Special Metropolitan City and prepare an office in Seoul Special Metropolitan City to operate the business in Seoul Special Metropolitan City.”

However, the defendant did not have graduated from E high school and F University law, and there was no intention or ability to arrange for landscaping construction works from Seoul Metropolitan Government by exerting influence over G former Seoul Metropolitan Government Mayor.

The Defendant received a corporate card under the above name of the said company from August 17, 2009 to May 3, 2010, and used KRW 17,820,208 with the above card, and was supplied as an office with the H building 102 Dong 806, Yongsan-gu Seoul Metropolitan Government from August 20, 2009 to June 25, 2010 with the above office to have a total of KRW 19,458,380,00,000,000,000,000,000,000 won, from August 20, 201 to June 25, 2010.

Accordingly, the defendant, by deceiving the victim, acquired property or pecuniary benefits equivalent to the sum of 42,278,588 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D and I;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Each police suspect interrogation protocol against the accused (including D and I substitute part);

1. Statement of the police officer to I;

1. The details of complaint, settlement of accounts, etc.;