Text
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Criminal facts
On June 22, 2010, the Defendant, who was aware of it, was scheduled to engage in the land development project in the G in the Ssung City by the victim C, which was scheduled to engage in the land development project, and the Defendant, who invested KRW 200 million, intended to give profits including the principal when investing in the amount of KRW 200 million, used the investment in the amount of KRW 200,000, and intended to acquire money from the public official who suffers from poor living.
On July 19, 2010, the Defendant called the victim on July 19, 2010, and falsely concluded that “The public officials in charge of land development projects shall be in charge of personnel affairs in relation to permission.” The Defendant changed the amount of KRW 10 million for street funds and KRW 2 million for leave expenses.”
However, the defendant thought that he will be used for personal purposes, but he did not intend to use it as a rain fund.
The Defendant, by deceiving the victim as such, received 10 million won from the victim to the account of community credit cooperatives under the name of the Defendant, and acquired it by money.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Statement by the prosecution against C;
1. Application of Acts and subordinate statutes of the specifications of transactions of self-reliance deposits;
1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. It is true that the victim received KRW 10 million from the victim's argument, but the victim has been frequently engaged in money transactions with the victim. The above KRW 10 million was paid or aided by the victim, and the victim did not make a false statement as to whether he/she received reimbursement or she received assistance from the victim as a part of the street funds.
2. The following circumstances revealed by the evidence duly adopted and investigated by this court, namely, the victim asserts that the investigative agency had consistently offered KRW 10 million from the investigative agency to the court, and the Defendant had consistently stated a deposit transaction statement with the victim.