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(영문) 대구지방법원 2013.04.18 2012고단8335
사기등
Text

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

Seized evidence 1 to 13 shall be confiscated.

2,5070,000.

Reasons

Punishment of the crime

[2012 Highest 8335] The Defendant, who did not have any particular occupation, graduated from the University of Law and College of Law and has a friendly relationship with the legal professionals, public officials, political persons, etc., in order to obtain a subcontract for various kinds of construction works or to accept a solicitation in connection with the criminal case, he/she was unaware of money from the victims under the pretext of expenses such as entertainment expenses, etc.

1. Crimes related to subcontracting of government-funded projects;

A. On September 21, 2009, the Defendant received KRW 10 million from the victim’s account to the Defendant’s account through F as entertainment expenses, and received KRW 3 million from the victim’s account through F on January 25, 2010 to receive KRW 10 million from the Plaintiff’s account through F under the same name as before the Daegu Suwon-gu Office of Suwon-gu 1 Dong District on the same day, where D as the representative director was the vice president of the victim E (hereinafter referred to as the “FF”).

However, the Defendant did not have any intention or ability to allow the subcontracting of government-funded construction work upon the request of the City Mayor even if he/she received money from the victim, such as the Daegu City and there was no personal relationship with the City Mayor.

The Defendant, by deceiving F as above, received money and valuables of KRW 13 million in total from F twice on the pretext of soliciting the case or affairs handled by public officials at the same time as the victim’s property was received from F, and at the same time, received money and valuables from F.

B. On June 2010, the Defendant was on the trade name in a fishing ground located in the Daegu Suwon-gu Modong, Daegu-gu.

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