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(영문) 서울서부지방법원 2014.05.13 2013고단3546
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 2, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Attorney-at-Law Act at the Seoul Central District Court on April 2, 201, and completed the enforcement of the sentence at the Seoul Detention Center on January 30, 2011.

Criminal facts

On February 16, 2011, the Defendant sought KRW 200 million from the victim E to operate a joint wholesale market in Gwangjin-gu Seoul Metropolitan Government. The Defendant made a false statement to the victim that “I would like to obtain a credit guarantee certificate from the Credit Guarantee Fund,” upon request of the victim, “I would like to know well with the Democratic Party G Council members, the Credit Guarantee Fund H, etc.; H and I would have to pay back to H and I. It would change the cost of the activities.”

However, in fact, even if the defendant received money from the victim for the purpose of the cost funding, the defendant was thought to consume it individually, and the victim did not have the intention or ability to receive a credit guarantee from the Credit Guarantee Fund.

As such, the Defendant, by deceiving the victim, received KRW 2,00,000 from the Agricultural Cooperative Account (Account Number K) in the name of the J Co., Ltd. used by the said Defendant on a temporary basis from the victim and received KRW 21,20,000 in total nine times as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement on E and L;

1. Copy of the bankbook and details of the transactions of admission and withdrawal;

1. Certificates of transactions;

1. Investigation report (the I telephone call of the Credit Fund);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the date of release, etc.);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of criminal punishment;

1. The reason for sentencing Article 35 of the Criminal Act is that the defendant has received money under the pretext of solicitation with respect to the affairs handled by public officials.

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