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(영문) 수원지방법원 2013.11.01 2013고합503
사기등
Text

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

47,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On May 14, 2012, the Defendant was introduced the Victim G from F at the E Co., Ltd. office located in Suwon-si, Suwon-si.

At the time, the Defendant received the request from the victim to grant permission for mountainous district conversion in relation to H, I, and J forest and K forest when it is commercialized.

The Defendant was financially lacking in terms of personal debt amounting to KRW 370,000,000 at the time. As the victim was aware that it was extremely imminent because he did not obtain permission to convert the said mountainous district, the Defendant was aware of the fact that the victim was unable to obtain permission to divert the said mountainous district, and was able to obtain money by deceiving the victim as if he could do so.

In fact, even though the Defendant did not have the intent and ability to permit the said permission for mountainous district conversion, the Defendant deemed that “the victim was in a very close-friendly relationship with the senior public official in friendliness and has experience in solving the problem of authorization and permission that is difficult to do so, and the degree of the said permission for mountainous district conversion is not an issue.” In short, the Defendant made a false statement to the effect that “the Defendant prepared money

On July 24, 2012, the Defendant, by deceiving the victim, received KRW 27 million in the coffee shop in Suwon-si L, and around July 31, 2012, received KRW 47 million in total, such as receiving KRW 20 million in the office of the above E-stock company around July 31, 2012 from the victim’s office.

Accordingly, the defendant received money and valuables under the pretext of soliciting the affairs handled by the public officials at the same time by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and N;

1. Application of Acts and subordinate statutes to a copy of a self-written confirmation, a duplicate copy, and a recording record;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (a point of fraud), Article 111 (1) of the Attorney-at-Law Act (a point of receiving money and valuables on the pretext of solicitation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.

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