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(영문) 대구지방법원 김천지원 2019.07.10 2019고단416

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in civil engineering, design, measurement, etc. under the trade name of “C” in the Gu and US-si building B.

Around July 23, 2013, the Defendant, at the E-real estate office located in the Gu, Si, Si, Gu, and Si around July 23, 2013, made a false statement to the effect that “A house manager F requires a funding from the public official in charge in order to obtain necessary permission to develop real estate located in Gu, Gu, Si, Gu, and Gu.” The Defendant sent the above contents to F to I, the representative of the victim H.

However, at the time, the Defendant was in a state of talking that he could not be permitted from the public official in charge of viewing and viewing, and since the amount received from the victim was thought to be used as office operating expenses and personal living expenses after transferring it to the account under the name of the Defendant’s family, there was no intention or ability to use it for the purpose of obtaining permission for developing the said real estate.

Nevertheless, the Defendant, as above, by deceiving I as a public official, received the amount of KRW 10 million owned by the victim from I to the account of community credit cooperatives (J) in the name of the Defendant on the same day, and received money and valuables on the intermediation of matters belonging to the duties of public officials.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to details of transactions, civil petition application certificates, transfer statements, commitment certificates, design service contracts, written confirmations, and complementary matters;

1. Article applicable to criminal facts;

(a) Fraud: Article 347(1) of the Criminal Act;

(b) Referral: Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Selection of imprisonment with prison labor chosen;

1. Elements of sentencing unfavorable to the reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act: Public officials.