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(영문) 울산지방법원 2015.04.03 2014고합374
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

35,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant is the representative of “D”, a manufacturer and installer of convenience facilities for persons with disabilities in Daegu Suwon-gu C.

On the other hand, the victim E is a Grade-6 competent officer of the F Office of Education of Ulsan Metropolitan City, who was indicted on November 4, 2014 on the charge of acceptance of bribe at the Ulsan District Court and was dismissed by the Office of Education around November 26, 2014, and the Defendant knew about about 10 years prior to the school construction.

On July 2014, when the Defendant came to know that the victim was on the criminal investigation line as the suspect of bribery to the Special Department of the Ulsan District Prosecutors' Office, the Defendant thought that he would make the case unfold and received money. On July 5, 2014, the Defendant asked the victim to get money at the “H” coffee shop located in Ulsan-gu, Ulsan-gu, Seoul-gu, that “this would be possible to deduct the case. It does not mean that the victim would have any kind of “h's case. It will be the same.” At the same time, the Defendant talked as if he was in a pro rata relationship with the prosecutor, such as the chief prosecutor of the High Prosecutors' Office, the chief prosecutor of the District Prosecutors' Office, and the chief prosecutor of the District Prosecutors' Office, etc., and even if he talked with the officer of the Ulsan District Prosecutors' Office, the Defendant continued to have a pro rata talked with the prosecutor of the High District Prosecutors' Office.”

However, there was no relationship with the prosecutor, and there was no fact that the defendant talked about the investigation case against the victim, and even if the defendant received money from the victim, there was no intention or ability to evade the investigation of the victim by the prosecutor.

Around July 5, 2014, the Defendant, by deceiving the victim, received cash of KRW 20 million from the victim under the pretext of investigative investigation by the prosecution against the victim at the Ulsan-gu J apartment parking lot, Ulsan-gu, the residence of the victim, and around July 7, 2014, the agricultural bank account in the name of the Defendant.

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