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(영문) 서울남부지방법원 2015.08.12 2014고단3354
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On December 28, 2010, the Defendant was sentenced to a suspended sentence of two years on October 5, 201 to imprisonment with prison labor for fraud, etc. at the Suwon District Court Sejong District Court, which became final and conclusive on January 5, 201. On October 17, 2013, the Seoul Southern District Court sentenced one year of a suspended sentence to six months of imprisonment with prison labor and became final and conclusive on October 25, 2013.

1. On March 29, 2008, acquiring money in the name of the cost of promoting the relocation of rainwater pumps C was introduced as the Defendant to the victim D, a high school, who is engaged in a construction business, as the head of the E Party Central Election Countermeasures Committee, and the Defendant issued the victim a letter stating “A” as the head of the E Party Central Election Countermeasures Committee.

On April 208, the Defendant and C made a false statement to the effect that “The Defendant and C transferred the rainwater pumps located in Guro-gu Seoul Metropolitan Government, constructed and sold a main complex apartment at the place, so that D can do the construction, and the Gu public officials, etc. will have to pay money necessary for the cost of promoting the construction, and the E-party general secretary shall not be available if the E-party general secretary is the case.”

However, the Defendant was not at all in a position to have an official position or to exercise any influence on the E Party, and only intended to use the rainwater pumps as one’s cost of living, etc. with money in the name of the cost of promoting the project from the victim, but did not have any intention or ability to allow the victim to construct a main complex apartment after transferring the rainwater pumps to another place.

The Defendant and C, as such, deceiving the victim, received KRW 5 million from the victim to the foreign exchange bank account in the name of C around April 14, 2008, and received the total amount of KRW 63 million from that time to May 13, 2008, as stated in [Attachment List Nos. 1 through 7].

2. The defendant shall be the victim, as described in paragraph 1, of the end of May 2008, who acquired money in the name of the cost of promoting the purchase of the city.

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