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(영문) 인천지방법원 2019.02.19 2018고합349
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal power] On July 13, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Incheon District Court for eight months, and the above judgment became final and conclusive on July 21, 2012, and on September 10, 2015, the Incheon District Court sentenced the Defendant to one year of imprisonment for fraud at the Incheon District Court for one year, and the said judgment became final and conclusive on December 4, 2015.

【Criminal Facts】

On February 2, 2011, the Defendant, at the office of the Defendant located on the sixth floor of the Incheon Southern-gu building B, agreed to allow the victim C to obtain a permit to use the maintenance of the city owned by Incheon as a parking lot. The written indictment of the director of the Yeonsu-gu Office E of Yeonsu-gu Office in Incheon, Incheon, and Incheon, but the written indictment of the director of the division of the viewing and viewing department stated the expenses as “the director of the Yeonsu-gu Office E of Yeonsu-gu Office of Yeonsu-gu, Incheon,” but it appears to be a clerical error of “the director of the Incheon-gu, Incheon, E division of the witness examination” (the 24 pages of evidence records, C, and 5 pages of the witness examination record) and even if corrected, it does not interfere with the Defendant

However, in fact, the defendant did not have the intention or ability to make the victim rent the maintenance as a parking lot to the public officials in Incheon Viewing for the victim.

The Defendant received from the victim a total of KRW 500,000,000 from the victim around September 5, 201, KRW 3.5 million around October 9, 201, KRW 9 million around November 2, 201, KRW 15 million around December 23, 201, and KRW 28 million, including KRW 15 million around December 23, 201.

Accordingly, the defendant was given money under the pretext of deceiving the victim, deceiving 28 million won, and soliciting or arranging the case or affairs handled by the public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of each police interrogation protocol against the accused (including the C substitute part);

1. Police in relation to C.

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