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(영문) 서울고등법원 2012.12.06 2012노105
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and two months.

Reasons

1. Judgment on Defendant A

A. Defendant A’s total cash amounting to KRW 469.6 million, gift certificates totaling KRW 8 million, KRW 8 million, and KRW 10 million, and KRW 1,000,000, KRW 1000,000, KRW 1) The summary of the facts charged is as follows: (a) Defendant A violated the Attorney-at-Law Act and Defendant A, around January 28, 2010, may request the victim I (hereinafter “I”) at a coffee shop near the Jongno-gu Seoul Metropolitan Government Manmunmunmun (hereinafter “I”) to “A” around January 28, 2010. The head of Seocho-gu Office of Government Administration may request the head of Seocho-gu Office of Government Administration (hereinafter “I”), who is aware of a large number of employees of the Gu tax office, and the sales of credit cards at the tax office, even if there was a credit card sales in the business of card-type tin, to ensure the employees of the tax office without undergoing an on-site investigation at the tax office.”

However, even if the defendant A received money from the I, he did not have any intention or ability to keep the I from undergoing on-site investigation.

Defendant

A, as seen above, deceiving I, namely, received cash of KRW 10,000 from I as a staff member of a tax office from I, and received money and valuables under the pretext of solicitation as follows: (a) the sum of five times until April 20, 2010, including cash of KRW 197,000,000,000 in total, and cash of KRW 197,000,000,000,000 in total, as shown in the list of crimes; and (b) the acquisition of property such as department stores, merchandise coupons, L

On January 28, 2010, money and valuables acquired under the name of a temporary location 10:00 won in cash 10,000,000 won after the tea shop tax office in Jongno-gu Seoul, Jongno-gu, Seoul on February 5, 2010, and then on February 5, 2010, 2010, 300,000 won in cash 10,000 won in the coffee shop shop 2,00,000 won in a gift certificate store store 5,00,000 won in this part of the facts charged in this part, excluding 2,00,000 won in the latter part of the facts charged (each of 4,00,000 won in each market price).

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