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(영문) 서울중앙지방법원 2014.02.11 2013고합227
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

The defendant C shall be punished by imprisonment with prison labor for 7 years with prison labor for the crime No. 2 in the holding.

Reasons

Punishment of the crime

[Criminal Justice] On April 28, 2010, Defendant B was sentenced to imprisonment with prison labor for one year at the Seoul Central District Court (the date of prosecution on October 23, 2008) and the decision was finalized on July 10, 2010.

[2013Gohap227]

1. Defendant B and his defense counsel in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Defendant B asserted that there was no causal relationship between deception and the disposal act, and since the part of the member fee of the bereaved family association was entered the bereaved family council, there was no deception. However, in full view of the evidence, even if only 30,000 won was determined to have been paid by the person who prepared the contract, and even if some payment was made by the Defendant’s deception, it would be the amount of damage caused by the Defendant’s fraudulent act, and even if some of the acquired amount was used as the member fee of the bereaved family association, it is merely a circumstance after the establishment of the crime of fraud. The above argument is without merit.

Defendant

B In accordance with P’s instructions, the Q Research Institute was established on July 2, 2007 to serve as the general manager of the said Research Institute. Since that was established independently from P on August 9, 2009, the R Promotion Committee was established on a separate basis from P on August 9, 2009, and was operated together with A on March 29, 2010 as a vice-chairperson. A was a person who formed a separate organization called T in hedging with A and around October 2010.

Defendant

B along with U et al. recruitment books, in KF located near Seocho-gu Seoul Metropolitan Government on June 2010, if there is a male born between 1900 to 1930, the age of compulsory mobilization among the family members, even though the recruitment book U was not drafted as "victim V" system, it can receive compensation for damages caused by Japanese affairs through a lawsuit against the government of Japan.

The attorney's acceptance contract.

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