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(영문) 서울서부지방법원 2019.09.06 2019고단2203
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 is a person who is in office as Vice-Governor B.

On March 3, 2018, the Defendant: “Around March 2018, the victim D office located in Yeongdeungpo-gu Seoul Metropolitan Government, the vice president of E, the vice president of E, “it is necessary to establish a hall which is a F lodging business. In the form of donations to reduce the holding of an explanatory meeting for insurance products within a military unit;” and “Around March 30, 2018, the Defendant prepared a written agreement for business partnership at the above place, stating that “In addition, the expenses need to be incurred in relation to the business partnership, and the amount of KRW 20 million is changed.”

However, even if the defendant received the above advance payment and business partnership expenses from the victim, the defendant did not have the intent or ability to hold the presentation of insurance products in B or to arrange the presentation in the first F unit.

Accordingly, on March 27, 2018, the Defendant deceiving E, and leased part of part of part of part of part of part of part of part of part of part of part of part of the 1st floor of Mapo-gu Seoul, Seoul, to the office, caused the said victim to pay the deposit amount of KRW 20 million on behalf of the said victim. On March 30, 2018, the Defendant received transfer of KRW 20 million to the new bank account (H) in the name of the Defendant and acquired property profits equivalent to KRW 40 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the accused accused by the prosecution;

1. Each police statement to I and E;

1. A copy of the passbook, business partnership agreement, detailed statement of transactions, real estate monthly contract, and certificate of employment;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations with the Secretary-General), investigation reports ( telephone conversations with the person for reference), investigation reports (K Communications with the Director-General of General of the Department of General Affairs);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although the amount of damage on the grounds of sentencing under Article 62(1) of the Criminal Act is not significant, the damage was not fully recovered.

However, even though the defendant has been sentenced to the suspended sentence of imprisonment and the criminal records of fine, there is no record of punishment since 1995, and the victim is the victim.

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