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서울중앙지방법원 2019.06.26 2019고단1966

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.


Punishment of the crime

On August 2017, the Defendant planned to immediately commence the Cheongra International City D Complex Facilities Corporation and E market improvement project at the Cheongra International City D, but the friendly F attorney-at-law is the president of the Da and the e market improvement project. The Defendant made a false statement that the expenses will be paid to the upper line through the F attorney at the face of the Gyeong-ri, who talks with the large number of officers, and that the Defendant would allow the large number of employees to take the civil works in the above field within three months by carrying out a double-dynamic operation with his/her hand on his/her face.

However, in fact, the Defendant did not have any influence in C, and was merely aware of the F attorney-at-law, and thus could not exercise any influence over C through F attorney-at-law, and even if the Defendant received money from the victim, he did not have any intent or ability to allow the victim to perform civil engineering works on the part of F attorney-at-law.

The Defendant, as above, by deceiving the victim, received KRW 33 million from the victim to the new bank account in the name of the G in charge of the settlement of disputes around August 23, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of a consulting contract;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act takes into account three times the defendant's past records of punishment for the same crime and then again commits the crime of this case into account unfavorable circumstances. However, the defendant's acknowledgement of the crime of this case and reflects his/her wrongness, damage to the victim's side, and agreed to recover damage, and other punishment as ordered by taking into account the defendant's age, character, conduct, environment, health conditions, circumstances leading to the crime, means and consequence, and the circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act.