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(영문) 울산지방법원 2013.08.08 2012고단1119
사기등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

1,172,00,000 won shall be additionally collected from the defendant.

In this case.

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence of three years in the Incheon District Court on December 17, 2009 to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of bribery and the crime of aiding and abetting the bribe, and is currently under the grace period after the above judgment became final and conclusive on November 25,

1. Around October 2010, the Defendant, at the office of H (hereinafter “H”) located in the Gangnam-gu Seoul Metropolitan Government G Building 601, became aware of the Victim F, who sought to order the refining and treatment of the pulmonary pressurer and the treatment of the pulmonary pressurer from the Korea hydroelectric Power and Nuclear Power Co., Ltd. (hereinafter “Korea Power and Nuclear Power Co., Ltd.”), etc., and around that time, he had an impact on the victim’s her connection and Han-su executives by requesting the victim to receive the pulmonary pressurer.”

On December 23, 2010, the Defendant, at the above H office, recommended the victim to secure an amount equivalent to KRW 300 million at the market price of the closed voltage period of the Yeongdeungpo Nuclear Power Station, and drafted the certificate of acceptance. However, the Defendant, on the ground that there is a doubt about the profitability of the above closed voltage period and there is a concern that the victim may not go through legitimate processing procedures, etc., the Defendant’s refusal to reject the rejection may cause a problem, and accordingly, borrowed KRW 100 million to the defective victim on the ground that he/she renounced the purchase by the party himself/herself, and instead, borrowed KRW 100 million. If he/she borrowed it only for 10 days, he/she will take over the closed voltage period and return money at another place.”

However, the Defendant did not intend to return the above money within 10 days after receiving money from the victim for the purpose of paying the obligation to I and J, but did not intend to use the proceeds as the acquisition fund of the closed-end pressure instruments, and at the same time, the Defendant did not have any intention or ability to repay the money differently because the Defendant was liable to pay the above amount of 1.5 billion won or more.

Nevertheless, the defendant is the victim as above.

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