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(영문) 서울북부지방법원 2016.09.29 2016고단2205
사기등
Text

The punishment of the accused shall be eight months by imprisonment.

10,000,000 won (one thousand won) shall be additionally collected from the defendant.

Reasons

Punishment of the crime

around October 2010, the Defendant would have the victim D's E company office located in Jung-gu Seoul Metropolitan Government, Seoul, to obtain F permission by soliciting the public officials in charge of G, etc. as the Defendant well-known the G in charge of the permit for the second office building F in Gyeonggi-do to the victim in charge of the second office building F in Gyeonggi-do.

“.....”

However, even if the Defendant did not have any special relationship with G who is a public official in charge of F permission and received money from the victim under the pretext of school expenses, the Defendant did not have the intent or ability to obtain F permission, and the amount received from the victim was thought to be used for an individual purpose. Despite the absence of any particular property and revenue sources, the Defendant did not have the intent or ability to return the money to the victim, even if he did not have any intention or ability to obtain permission, he received KRW 5 million from the victim to the national bank account (H) in the name of the Defendant on October 21, 2010, and received KRW 5 million in cash from the E Company’s parking lot around October 2010.

The Defendant, as such, received money and valuables under the pretext of inducing victims to receive property and at the same time making requests concerning affairs handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of D in the prosecutor's statement protocol with regard to D;

1. Written statements of I and J;

1. A list of certificates of deposit verification and details of transactions of deposit and withdrawal;

1. Application of video-related Acts and subordinate statutes to a copy of a name box;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense; Article 111 (1) of the Act (Selection of Imprisonment with labor);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The Defendant, for the reason of sentencing Article 116 of the Act, acquired by deception KRW 10 million on the ground that he/she would make a solicitation to handle the affairs that public officials handle.

Even though there has been a considerable time after the crime, damage has not been repaid.

The punishment shall be determined for the same reason.

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