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(영문) 서울동부지방법원 2012.11.22 2012고정955
사기방조
Text

Defendant

B shall be punished by a fine of 4,000,000 won.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

Defendant

B around March 201, 201, at the coffee shop near Suwon-si, Suwon-si, the victim D agreed that “The victim D will be awarded a contract for the work of constructing a question and guard room at the C University if it is the introduction cost of KRW 70 million and the new construction of a guard room.”

However, since Cuniversity's fixed work and the new construction of the guard room are implemented by the method of selecting the trial by bidding, the defendant did not have the ability to allow the above construction even if he received the introduction fee from the complainant.

Nevertheless, the above Defendant made a false statement to the victim as above, and delivered a guarantee certificate and employment certificate with which the public official A who was a public official of the Gangnam-gu Office, who was known to the general public, to the victim, and then acquired it by transfer from the victim to the account under the above Defendant’s name on May 9, 201.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness D;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. On March 201, Defendant A, who was aware of the facts charged against Defendant A, was asked by Defendant B to “A to receive 70 million won in connection with the construction of the C University from another person, and KRW 20 million, if it is necessary to guarantee that a trusted person’s guarantee is needed.”

However, Defendant B did not have the ability to allow another person to construct the C University. Defendant A received money from Defendant B without confirming whether the construction of the C University is feasible, and delivered Defendant B’s employment certificate and seal. Defendant B around April 201, issued a guarantee and a certificate of employment written in the name of Defendant A to the victim D.

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