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(영문) 서울중앙지방법원 2014.04.25 2014고단1816
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 23, 1999, the defendant was sentenced to a suspended sentence of 8 months of imprisonment at the Gwangju District Court for fraud, and on November 27, 1999, the above judgment became final and conclusive.

[2014 Highest 1816] Around August 1999, the Defendant made a false statement to the effect that, in the office of “D Education Center” operated by the Defendant on the fiveth floor of Jung-gu Seoul Metropolitan Government, the victim E has a relationship with a member of the National Assembly, and the vice-president of the F organization has a relationship with each other, the Defendant would allow B to receive the right to operate a store on the fourth and fifth floor of the Seoul Metropolitan Government.

However, the Defendant did not have any kind of relationship with the president of the F organization, and the F organization concluded a G store operating right contract after deliberation by the review committee under the supervision of the president of the F organization. Therefore, even if the Defendant received money from the victim, he did not have the intention or ability to allow the Defendant to receive the G store operating right.

The Defendant received three copies of the check of KRW 10,000,000 from the victim on or around the 31st day of the same month under the pretext of obtaining the right to operate the store in order to acquire the right to operate it, and the same year.

9.2.Around February 1, 200, two copies of 10,000 won check were received from the victim and acquired 50,000,000 won in total from the victim.

[2014 Highest 1962]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-gu Vehicles) and the Road Traffic Act (U.S.A. after-accident) on September 25, 1999, the Defendant driven Hk-low-scale Automobiles around 23:00, and led the road of four-lanes in front of the 456 Hyundai Apartment-dong, Gangnam-gu, Seoul, to proceed to about 60km from the direction of pressure-gu, the speed from the direction of pressure-gu.

At the time, there was no good view at night in the front of the Defendant’s proceeding, and the J chip car driven by the victim I (the age of 55) was in progress in front of the Defendant’s proceeding. In such a case, there was a duty of care to prevent an accident by safely driving the vehicle by driving the vehicle, by making it possible for a person engaged in driving the vehicle to live well in the front line, by observing the bus line, etc.

Nevertheless, it is not appropriate.

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