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(영문) 전주지방법원 2014.11.20 2014고단1143
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 8, 2011, the Defendant was sentenced to eight months of imprisonment for perjury at the Jeonju District Court, which became final and conclusive on July 26, 2012.

On June 2, 2010, the Defendant received a solicitation from the victim E to employ his or her son as a street cleaners belonging to G while working for the election of D (the election of June 2, 2010, and the invalidation of election of August 22, 2013) that was a candidate for C/L prior to the nationwide provincial election of Dong-si local government.

When D was elected to the head of C/Gun around June 2, 2010, the Defendant: (a) sent a phone to the said victim on July 26, 2010, and (b) sent the phone to the said victim as a street cleaners who belongs to G, and (c) sent the said money to the maximum side of D/Gun H in advance; and (d) received KRW 20 million in cash from the victim at the J coffee shop located in Jeonsan-gu I in Seoul Special Metropolitan City around July 27, 2010, in consideration of the aforementioned consideration for recruitment.

However, even if the Defendant received the above money from the victim, the Defendant did not think of the said money to H et al. to arrange employment, was able to use the said money for his/her debt repayment, etc. with no particular income or property at the time, and there was no intention or ability to employ the victims as above, while the employment of the street cleaners was unsound.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 20 million won from the victim as above, and received money and valuables equivalent to the same amount as to arranging matters belonging to the public official's duties.

Summary of Evidence

1. Defendant's legal statement;

1. E statement among the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Previous convictions in judgment: Inquiry reports, investigation reports (Attachment of a written judgment), and application of each statute of the judgment;

1. Relevant Articles 347(1) and 347(1) of the Criminal Act for criminal facts.

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