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(영문) 대전지방법원 2014.01.24 2013고단3586
사기등
Text

A defendant shall be punished by imprisonment for one year.

50 million won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant: (a) received a request from the victim D who operates the gas station in Gangnam-gu, Seoul, to inquire about the place where the Institute is able to receive fake oil control information from the victim D who operated the gas station in Gangnam-gu; and (b) received a request from the Institute to the effect that “The 6th degree of dynamics of G in each Na were employed in the NIS; and (c) were employed in the H team leader and the employee of the Institute in Daejeon Chungcheongnam-nam branch. The Defendant would give advance control information upon the request of the head of the H team through the above staff of the State Institute. In short, the Defendant would ensure that the sample collected from the gas station should not be discovered by changing it into normal oil even if it is controlled at the time. To be provided from the Institute, the Defendant made it possible to transfer such content to the victim.”

In fact, even though the Defendant did not have any person who is aware of the Institute, and did not have the intent or ability to provide the victim with the regulating information, the Defendant received money and valuables from the victim as solicitation in relation to the affairs to be handled by the public officials, by receiving KRW 50 million from around 15:00 on February 1, 2013, through E in the name of teaching expenses for the provision of controlling information from the victim, at the office of the "J company" operated by the Daejeon Sung-gu I building 707 E, Daejeon U.S., the Defendant received KRW 30 million on December 27, 2012 and KRW 30 million on February 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to the EDCF;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts; Article 111(1) (main sentence) and (2) of the Attorney-at-Law Act; Article 50 of the Petroleum and Petroleum Substitute Fuel Business Act (the receipt of money and valuables under the pretext of solicitation for the handling of public officials);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 116 and Article 111 of the Attorney-at-Law Act;

1. The order of provisional payment;

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