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(영문) 서울중앙지방법원 2011.12.23 2011고합404
사기 등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At the time of the presidential election in 2007, the Defendant was in the position of “policy severe alert” at the election campaign of the presidential candidate D for the C party, and is currently in the position of the standing members of the National Unification Advisory Council, the policy advisory members of the Ministry of Unification, and the policy advisory members of the Ministry of National

1. Around November 11, 2007, the Defendant: (a) had the victim G who wished to be appointed as a candidate for the member of the National Assembly in the “F cafeteria” located in Songpa-gu Seoul Metropolitan Government; (b) had the above career as a candidate for the member of the National Assembly in Songpa-gu; (c) had the victim G with the above career; and (d) had the victim be appointed as a candidate for the member

However, fact is that the C Party's official election for the National Assembly member is made by the official election examination committee, and the defendant did not have the ability to exercise any influence in the above official election process.

Nevertheless, on November 13, 2007, the Defendant received a false statement from the victim and acquired it through a corporate bank account in the name of H, one million won, which is one of the children of the National Assembly members, from the victim.

2. On June 26, 2009, the Defendant violated the Attorney-at-Law Act: (a) received a request from the I to the police officer in charge of the Ansan Police Station who is in charge of the investigation to prevent arrest by requesting the police officer in charge of the Anyang Police Station who is in charge of the investigation; and (b) received a remittance of KRW 3 million from the I to the account in the name of the J around June 27, 2009 from the I to the Korean bank account in the name of the J around June 27, 2009.

Accordingly, the defendant received money and valuables under the pretext of soliciting cases or affairs handled by public officials.

Summary of Evidence

【Paragraph 1 of this Article】

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Investigation report (attached details of accounts for providing money or goods to the victim's G) (paragraph (2) at the market);

1. Defendant's legal statement;

1. A witness I.

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