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(영문) 서울동부지방법원 2015.07.02 2014고단3661
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

10 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On December 2, 2008, the Defendant received a request from the victim C to “a person who is under investigation by the Sungdong Police Station due to the violation of the Petroleum Business Act and has been under investigation by the Sungdong Police Station to handle the case well.” On the part of the victim, the Defendant made a false statement with “a person who has a line to an investigative agency, so that the case may be handled well.”

However, the defendant did not have an intention or ability to make a solicitation because he was unaware of the public official dealing with the above case or his public official.

On February 23, 2009, the Defendant, by deceiving the victim as such, received cash KRW 50 million from the Defendant’s office located in Songpa-gu Seoul Metropolitan Government D in terms of teaching expenses.

As a result, the defendant received money and valuables under the pretext of deceiving the victim, acquiring the property, and making solicitation about the case handled by the public officials at the same time.

2. On September 2009, the Defendant received a request from the above victim to obtain favorable judgment because he was under trial by the Suwon District Court in the above case,” and made a false statement to the victim, stating that “The inside of the Defendant changed KRW 50 million to the prosecution and the full bench by using force.”

However, the defendant did not have an intention or ability to make a solicitation because he was unaware of the public official dealing with the above case or his public official.

The Defendant, by deceiving the victim as such, was given a cash of KRW 50 million to the victim under the pretext of teaching assistants.

As a result, the defendant received money and valuables under the pretext of deceiving the victim, acquiring the property, and making solicitation about the case handled by the public officials at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Hearing of statements from witnesses; and

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