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(영문) 서울남부지방법원 2012.09.13 2012고정1039
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant in the facts charged of this case is a person who operates the Gangseo-gu Seoul Metropolitan Government Center for the Transfer of Articles C with the trade name, and D operates a non-profit environmental organization in the same Gu E with the trade name.

From 197 to 2,500, the victim F had been operating a house farming business in Gangseo-gu Seoul Metropolitan Government located in Gangseo-gu Seoul Metropolitan Government, and the defendant and D also have installed one farming house.

However, since each farming shed is an illegal building, it became subject to the control of public officials in charge of the Gangseo-gu Office in the Seocho-gu Office on March 2010.

Accordingly, the defendant and D did not have a friendly relationship with the public officials in charge of the Gu office and did not have any position to exercise any influence over enforcement so that they did not receive money under the pretext of soliciting public officials from victims.

Nevertheless, around March 23, 2010, the Defendant and D conspired with the Defendant and D obtained five million won from the victim who believed to be true, and acquired it by deception, on the ground that it was false to the effect that “The Defendant and D, in front of the Defendant and D’s farmland located in Gangseo-gu Seoul Metropolitan Government, can interfere with the regulation of money because they know well about the Gu office housing and the head of the department in charge.”

2. Determination

A. The Defendant and his defense counsel asserted that they were under the control of the Gu office, and that D was able to take a crackdown due to their friendship with the public officials of the Gu office, and received KRW 5 million from the victim who is the owner of the neighboring farmland and delivered it to D, and did not acquire property benefits by deceiving the victim as stated in the facts charged.

B. According to the evidence submitted by the prosecutor, it is recognized that the Defendant received KRW 5 million from the victim as a part of the street funds for the purpose of the crackdown around March 23, 2010.

However, the following circumstances recognized by the records of this case are as follows.

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