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(영문) 수원지방법원 2017.01.13 2016고합703
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is an administrative agent belonging to the E Administrative Agent Office located in Yeongdeungpo-gu Seoul Metropolitan Government, and the Victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) is a corporation that manufactures mobile toilets and supplies them to the Public Procurement Service.

On March 28, 2016, the victim company received a request from the Public Procurement Service to submit data to determine the disposition of suspension of transactions on the ground that it violated the terms of the contract with the Public Procurement Service that it should directly produce and supply mobile toilets, and the Defendant would receive a request from the Public Procurement Service to reduce the period of suspension of transactions upon solicitation from the public officials of the Public Procurement Service, who are operating business parties of the victim company.

and to receive money as a solicitation.

On March 31, 2016, the Defendant knows that at a coffee shop, the trade name on the first floor of the building I in Sungnam-si, Sungnam-si, the Defendant, who was in charge of the affairs related to the Public Procurement Service, was a public official in charge of the public official in charge of the fact-finding by the Public Procurement Service and the victim company.

At the expense of the person in charge of the Public Procurement Service, the period of suspension of transactions against the victim company was reduced from 1 month to 45 days, and it was demanded that the victim company be provided with money in order to cover expenses.

Accordingly, the Defendant received the money of KRW 10 million from the above J on April 1, 2016, KRW 20 million around the same month, KRW 20 million around the same month, and KRW 1 million on May 17, 2016, respectively, from each of the Defendant’s Saemaul Savings Depository accounts in the name of the Defendant, and received KRW 2 million in cash.

However, in fact, the defendant was thought to use the money received from the victim company for living expenses or debt repayment, etc., and there was no intention or ability to make solicitation to the public officials of the Public Procurement Service.

Accordingly, the defendant receives 33 million won under the pretext of solicitation for cases or affairs handled by public officials, and at the same time deceiving the victim company.

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