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(영문) 대전지방법원 천안지원 2018.10.11 2018고단390
사기등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

35 million won shall be additionally collected from the defendant.

2. Defendant B.

Reasons

Punishment of the crime

[criminal record] On September 23, 201, Defendant A was sentenced to one year and six months of imprisonment for fraud, etc. at the Daejeon District Court on August 6, 201, and the execution of the sentence was terminated at the astronomical Prison on August 6, 2012. On July 1, 2015, Defendant A was sentenced to four months of imprisonment for the same crime in the same court and the judgment became final and conclusive on July 9, 2015.

[Criminal facts]

1. On November 21, 2014, Defendant A had a business license to recycle food waste discharged by one business entity in the Yananan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and 156, and Defendant A had two business entities who will proceed with the above business by dividing the two businesses into Nam-gu and Seo-gu.

A false statement was made to the effect that “I will comply with the above business rights by solicitation of public officials in Yanan-si, a private village E, to pay the Froman’s expense to the public officials of the Yan-si, the Yan-si.”

However, the facts are that E was a public official belonging to the G office in Yanancheon-si, and the view of Yancheon-si did not plan to divide the right of food waste recycling business into the Southern-gu and Seo-gu, and therefore, even if the Defendant received money from the injured party for the purpose of street funding, the Defendant did not have the intent or ability of the injured party to acquire the right of food waste recycling business by delivery of the money or solicitation.

The Defendant, as above, received money and valuables under the pretext of deceiving the victim and being delivered KRW 15.5 million from the same place on the same day to January 8, 2015 from the damaged to the point of time, and received money and valuables from the injured party under the pretext of being provided a total of KRW 35 million over eight times, as shown in the annexed crime list, as well as arranging affairs handled by public officials, as in the annexed crime list.

2. Defendant B, as indicated in Nos. 4 through 8 of the List of Offenses Nos. 4 through 8 around the beginning of December 2014, the Defendant deceiving the said victim and received money from the victim.

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