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(영문) 대구지방법원 안동지원 2013.10.24 2013고단464
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 31, 2011, the Defendant, at the D hotel coffee shop located in Gumi-si, Gumi-si, stated that “In order to promote the work to receive more compensation and as soon as possible, the Defendant would have received more than the actual payment of compensation to receive E from E from the D hotel coffee shop, and would receive a request from E so that the compensation can be paid as soon as possible,” and that “In order to promote the work to receive more compensation, the Defendant would change the amount of 10 million won to the Seoul Environmental Office and the Daegu Regional Environmental Office at the expense of 10 million won.”

However, the defendant did not have any person among the public officials belonging to the Environmental Office, so even if he received money from E for expenses, he did not have any intention or ability to solicit public officials belonging to the Environmental Office.

The Defendant, as such, deceiving E to cause E to do so, the Victim F, who is a partner of the said aquaculture, on September 5, 201, and the same month.

6. On a two-time basis, he had a public official in Daegu Bank Account in the name of the Defendant remitted KRW 10 million under the pretext of solicitation.

As a result, the defendant received money and valuables under the pretext of soliciting the case that public officials handle at the same time by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a report on investigation (Confirmation of Details of A Account Transactions);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 111 (1) of the Attorney-at-Law Act (a violation of the Attorney-at-Law Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of imprisonment with prison labor chosen;

1. Although Article 62 (1) of the Criminal Code of the Suspension of Execution is not good, confession, reflect, return 9280,000 won to E who thought of the owner of the said money as the owner of the said money, and prepare and deliver a loan certificate to E including the victim at the time of receiving the said money, and the suspension of execution.

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