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(영문) 울산지방법원 2020.8.28.선고 2020고단2727 판결
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Cases

200 Highest 2727 Fraudulent

Defendant

Park Candidate (name) South 69. Representative of the People's Office and Law Office

Residential Ulsan-gu

Prosecutor

Kim Jong-sung (prosecution), Man-Choon (Public trial)

Defense Counsel

Attorney Kim* (Korean Charter)

Imposition of Judgment

August 28, 2020

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Criminal History Office

On June 13, 2018, the Defendant released him as a candidate to the head of Ulsanbuk-gu, a local election of Dong-si nationwide (hereinafter referred to as the "Do-si election of Dong-si").

On May 27, 2018, the Defendant stated that “The Defendant would pay nine million won of the cost of manufacturing the vehicles for the election tax until June 11, 2018, to the victim’s victim (the title) at the ○○ Advertising Office located in Ulsan-gu, Ulsan-gu, Seoul-do.”

However, in fact, the Defendant did not have any special property or income at the time, but did not have any intent or ability to pay the cost of production normally even if he was paid the amount of KRW 16 million for financial institutions, KRW 6 million for obligations related to election expenses, KRW 50 million for election expenses.

그럼에도 불구하고 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 2018. 6. 1.경 피고인의 성명, 기호, 포스터 등이 부착된 선거유세 차량(##@####호)을 인도받아 약 900만 원 상당의 재산상 이익을 취득하였다.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act

The reason for sentencing is a favorable condition that the defendant has no record of being sentenced to punishment exceeding the same kind of crime or fine, but it is inevitable to sentence a sentence in that it does not recover from damage even though the defendant deceivings the victim by deceiving him/her. In addition, in consideration of various factors of sentencing, such as the defendant's age, environment, means and consequence of the crime, circumstances after the crime, etc., the sentence shall be determined like the order (the statutory detention shall not be made, taking into account the fact that the defendant

Judges

Judges Kim Gin-Un

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