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(영문) 대구지방법원 2014.11.28 2014고정1597
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2012, the Defendant entered into a contract with D University Life Self-Governing Council of D University to request the advertisement of store stores of the members of D University in order to be a chairman of D University Life Self-Governing Council (hereinafter referred to as “victimial Council”).

At around December 12, 2012 and around the 13th day of the same month, the Defendant: (a) concluded a contract with members, such as G, H, I, J, K, K, L, M, etc., with the amount of KRW 4 million only when the said contract was concluded; and (b) provided that members, such as G, H, I, J, K, L, and M, were allowed to pay KRW 8 million to the D University Life Self-Governing Council.

At the end of the same month, the financial officer G directed the Secretary General N to pay eight million won to the Autonomous Council of the Life of D University, and the amount of four million won to be paid from the balance of the existing membership fees and the remainder of four million won to be paid from members.

On December 17, 2012, N transferred KRW 4 million to the G community credit cooperatives account (O) in the name of G community credit cooperatives (O) where membership fees are kept.

Since then, around February 2013, N gave a total of KRW 12,500,000 from 42 members of the victim prosperity conference, and then, at the request of the defendant, transferred KRW 3,507,000,000 to the defendant, excluding KRW 493,000,000,000, which the defendant should pay, from March 11, 2013.

Accordingly, the defendant acquired 3,507,000 won from the victim prosperity conference.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and each legal statement in P;

1. An investigation report (specific report against the general N on the advertisement books, the down payment date, and the down payment date with the autonomous association of the Korea National University);

1. The complainant shall be G.

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