logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.11.01 2013고단2895
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 201, 201, the Defendant stated that the Defendant would be able to receive orders from the Korea Gas Corporation if he received orders from the Korea Gas Corporation on the following grounds: (a) at the coffee shop near the Seoul Yeongdeungpo-gu Seoul Metropolitan Government building; (b) the victim C, one of its principal outside directors and the Audit Chairperson of the Korea Gas Corporation; and (c) the friendly relationship with the working group of the Korea Gas Corporation and the record of taking orders from the Korea Gas Corporation; and (d) the Defendant stated that the Defendant would return money if not receiving orders from the owner.

However, the defendant did not have a pro-friendly relationship with the Korea Gas Corporation and other related business entities except that the above D is the defendant, and there was no intention or ability to allow the victim to take the above construction work because he did not have much experience in receiving the gas pipeline construction, and there was no intention or ability to return the above money to the victim because (i)E operated by the defendant at the time did not make profits or losses.

Accordingly, the Defendant, as seen above, was accused of the victim and was given KRW 30 million from the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes of the Letter of Payment

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act refers to the defendant who received money from the victim as if he/she had ordered the victim to work on the ground of his/her position as the principal, but there is no possibility that he/she received money.

Meanwhile, the Defendant’s repayment of KRW 15 million to the victim after the closure of the pleadings of the instant case, and the Defendant shall be subject to the same punishment as the disposition, comprehensively taking into account the circumstances leading to the instant crime, methods of the crime, and the circumstances after the crime.

arrow