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(영문) 대구지방법원 김천지원 2016.12.14 2016고단960
사기등
Text

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.

Reasons

Punishment of the crime

1. On November 27, 2014, the Defendant committed the crime of November 27, 2014, to the victim F, who became aware of the fact of the introduction of E from the DNA bank located in the Gu-si, Si around November 27, 2014, around that time, to the effect that “the executives and employees of the Korea Road Corporation are well aware of the fact.” The Defendant would be able to purchase land owned by the Korea Expressway Corporation, which the party wants to purchase at the face of the cost of solicitation, by means of a free contract, at a low price.” The Defendant received KRW 10 million from the victim for the same day as the cost of solicitation.

However, the defendant did not have the intent or ability to purchase the land that the victim wants by soliciting the executives and employees of the Korea Highway Corporation.

As a result, the Defendant received money from the victim under the pretext of acquiring KRW 10 million from the victim and soliciting the affairs handled by the public officials at the same time.

2. The Defendant committed the crime of December 30, 2014, at the place indicated in the preceding paragraph around December 30, 2014, received KRW 5 million in cash from the victim following the Defendant to the effect that “land purchase is well progress. The Korea Highway employees shall open a network meeting to the employees of the Korea Highway Corporation to change KRW 5 million,” and received KRW 5 million in cash as the expenses for solicitation of the same day.

However, in order to purchase land, the Defendant was planning to use land for personal purposes, with money from the victims, to the employees of the Korea Highway Corporation did not have the intent and ability to open an annual conference.

As a result, the defendant received money from the victim under the pretext of solicitation for the affairs handled by the public officials while acquiring five million won or more from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part F and G of each protocol of examination of the police and prosecution against the accused;

1. Police and prosecutor's protocol of statement concerning F (including the G statement);

1. A complaint, receipt for each loan, and receipt for a service contract;

1. Civil petitions;

1. Procedures for the investigation report, telephone communications by witnesses, and sale of land owned by the Korea Highway Corporation, and

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