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(영문) 의정부지방법원 2013.07.12 2013고단576
사기등
Text

A defendant shall be punished by imprisonment for six months.

20,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. Around April 24, 2007, the Defendant and B concluded that “F-owned Seoul Jongno-gu Seoul Metropolitan Government G, H, I, J forests and fields will open access roads if purchased KRW 4,327,00,00,000, in total, KRW 1.8 billion, and the intermediate payment will be appropriated for bank loans.”

However, the above land was a blind land without access roads, and it was not possible to open access roads or obtain building authorization or permission.

The defendant and B conspired in collusion with the victim as above, and they received 50 million won as land sales contract money from the victim, i.e., the victim, thereby deceiving the victim.

2. The Defendant in violation of the Attorney-at-Law Act and the Defendant in violation of the Attorney-at-Law Act were transferred KRW 20 million from the above E to the Defendant’s account on April 18, 2007, from the L National Assembly members’ office located in K on April 2007 to E. In particular, it is not problematic that the L National Assembly members and N Council members per M are well aware of the parliamentary and senior public officials, and in turn, the permission is granted by exercising their real force on the ship of the head of Jongno-gu Office of Jongno-gu. The access to the land and the building authorization and permission shall be granted to the person in charge of Jongno-gu Office and the Director-General of Seoul City Office of Seoul.

The Defendant and B received money under the pretext of solicitation or good offices in connection with the affairs handled by public officials as above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of the suspect of the defendant or B by the prosecution;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes to E of the police statement protocol;

1. Relevant Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 111 of the Attorney-at-Law Act, and Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 116 of the Attorney-at-Law Act;

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