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(영문) 서울북부지방법원 2013.10.24 2013고단1278
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was the president of the Incorporated Association from around 2005 to around 2008.

The Defendant, around November 2, 2009, received money from the victim E's office located in Gangnam-gu Seoul Metropolitan Government, and the facts were paid by the victim in the same manner at the victim's office on March 29, 2010, despite the absence of the ability to obtain permission from the Gangnam-gu Office to obtain permission for outdoor advertising, the Defendant would be entitled to obtain permission for the installation of outdoor PE prior to the front top of the Seoul Gangnam-gu F building. The money is necessary to obtain permission. The Defendant made a false statement to the effect that "the money that he/she received upon withdrawal from the deliberation will be returned within one week." The Defendant received 40 million won as the promotion cost from the victim, and received 60 million won as the same method at the victim's office on March 29, 2010.

In addition, on May 26, 2010, the Defendant, at the victim’s office located in Seoul Metropolitan Government G, made a false statement that “The Defendant would obtain permission for outdoor LED Advertising Board from the side of the building in Gangnam-gu Seoul Metropolitan Government,” and received KRW 50 million from the victim’s bank account in the name of the Defendant, who was an employee of the Defendant.

As a result, the Defendant received a total of KRW 150 million from the victim three times during the aforementioned false statements.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement of E in the suspect examination protocol against the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Article 62 (1) of the Criminal Act (it shall be taken into consideration various circumstances, such as the reflection of the fact and the point agreed with the victim);

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