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(영문) 서울중앙지방법원 2013.06.25 2013고단2248
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was the chairperson of the Seongbuk-gu Seoul Seongbuk-gu Seoul Development Promotion Committee from around 2004 to May 201, and was aware of the head of the management department of G operated by the victim F while attending education at the E office located in Seongbuk-gu Seoul Seongbuk-gu Seoul Metropolitan Government D around 2010.

The Defendant introduced himself as the chairman of the Development Promotion Committee and the chairman of the Promotion Committee of E Organizations by introducing him as the chairman of the Development Promotion Committee and the chairman of the Promotion Committee of E Organizations, and led to the fact that the Defendant recruited the company to perform the H’s work (hereinafter “the instant waterworks removal work”), thereby attempting to acquire money by deceiving him as if the Defendant could receive the said removal work from G.

On March 30, 2011, the Defendant stated that “If the Defendant creates 30,000 won in cash by no later than the day, G would be able to receive the order for the removal of the instant waterworks,” at the G office located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, that “Around March 31, 2011, the Defendant would allow the victim to receive the order for the removal of the instant waterworks.”

However, even if the defendant received money from the victim, he did not have the intent or ability to receive the order for the removal of the water supply of this case.

Nevertheless, on March 31, 201, the Defendant, by deceiving the victim, received KRW 30 million from the said G office around March 31, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and F;

1. The statement of H in the suspect examination protocol against the accused;

1. Application of the Acts and subordinate statutes to the complaint;

1. The grounds for sentencing under Article 347(1) of the Criminal Act regarding the crime in this case, the motive and method of the crime in this case, the scale of damage, the restoration of damage, the criminal records of the defendant, and other factors.

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