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(영문) 서울동부지방법원 2016.02.15 2015고단3014
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On October 23, 2013, the Defendant was aware of fraud and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., known players) around October 23, 2013, at the Cpool office located in Gangdong-gu Seoul Metropolitan Government, at the victim D, and at the victim D, the Defendant was well aware of a person who is in friendship with the senior military forces, such as the Army Chief of Staff.

By requesting the head of the Jeju-do government to promote 10 million won or more necessary for solicitation, it is expected that the fraud of the party can be promoted to the Colonel.

When a fraud is promoted, it stated to the purport that the amount of KRW 10 million shall be increased to C, the head of which is the head of the group, at the expense of the head of the group.

However, even if the defendant receives money from the injured party, the defendant did not have the intent or ability to promote the defendant's fraud by requesting the head of the military as above.

around that time, the Defendant received ten copies of the KRW 1 million check under the pretext of its teaching expenses from the injured party.

Accordingly, the defendant, by deceiving the victim and receiving property, received money and valuables at the same time about arranging matters belonging to the public official's duties.

2. On January 8, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., known players) around January 7, 2014, at the places indicated in paragraph 1, around January 7, 2014, had a person who is in close relation with other heads of the Army, who requested another head of the Army, but has difficulty in requesting another head of the Army to the side of the Army Chief of Staff. Thus, it would be possible for the Defendant to be promoted to the Colonel by requesting another head of the Army through such person.

A false statement was made to the effect that “The amount of KRW 20 million necessary for solicitation is additionally given and the amount of KRW 20 million is changed to C as if they were at the last time.”

However, even if the defendant received money from the injured party, he was thought to use it as personal living expenses, etc., and he did not have the intent or ability to promote the victim's fraud.

On the following day, the Defendant was transferred 20 million won to the post office account (E) in the name of the Defendant from the victim.

Accordingly, the defendant is the victim.

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