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(영문) 수원지방법원 2014.04.18 2014고합99
사기등
Text

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

62,506,170 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

1. No person who violates the Attorney-at-Law Act shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement with respect to cases or affairs handled by a public official;

On October 2010, the Defendant stated that “Around October 2010, F Co., Ltd. of the E’s operation in Seongbuk-gu, Seongbuk-gu, Sung-si would be ordered to place an order for electrical construction works, etc. in relation to G development projects that are in progress in Jungcheon-gu, Seoul.” The Defendant said that “A public official in charge of the above construction works would be able to receive approximately KRW 10 billion for each month by employing a kind of friendly family and employee who is in charge of the above construction works.”

On November 29, 2010, the Defendant received KRW 3,500,000 from that time to January 20, 2012, in total, 62,506,170, in the name of school expenses, etc. over 17 times, as indicated in the list of crimes, from that time, under the pretext of school expenses related to the order of construction works.

Accordingly, the defendant received money and valuables under the pretext of soliciting and arranging the affairs handled by public officials.

2. Around December 2010, the Defendant said, “Around December 2010, the defrauded, the F Office of the F Office that is the victim, “The Defendant said that “The payment of the card is high due to the promotion by the public official in charge of the G business, and the amount is changed.”

However, there is no fact that the public official in charge has promoted at the time and there is no need to provide support for meeting expenses, etc., and even if the defendant has received money from the victim, there was no intention to deliver it to the public official in charge.

Around December 2, 2010, the Defendant, by deceiving the above H, received the total of KRW 6 million from the victim as entertainment expenses and KRW 10 million from around December 8, 2010 to the account in the name of the Defendant’s bank in the name of the Defendant, as shown in the [Attachment List No. 2] No. 3, as shown in the [Attachment List No. 3].

Summary of Evidence

1. Defendant's legal statement;

1. E, H, and I.

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