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(영문) 대전지방법원 2020.10.15 2020고단2089
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 201, at the office of the head of the earth and stone collection office operated by the victim C in Sejong-si, the Defendant made a false statement that “D does not have personnel affairs despite having obtained permission for the collection of earth and stone” to the victim in the office of the head of the earth and stone collection office, which is operated by the victim C in Sejong-si, and that “D does not have personnel affairs despite having obtained permission for the collection of earth and stone.” Although E retires, E should not ignore E’s speech because there is a friendly relation with F in the chief of the fraternity, and in order to operate the earth and stone collection office well without any problem, F must also have personnel affairs.” The Defendant made a false statement to the public officials in charge, including E and F, in order to operate the earth and

However, even if the defendant received money from the victim, he did not intend to use the money from the victim for the repayment of his personal debt or for the cost of living, but did not intend to pay it as personnel expenses to the public officials in charge of authorization

Nevertheless, on September 201, the Defendant, by deceiving the victim as above, received KRW 20 million in cash from the victim, who was parked in the vicinity of G apartment near the victim’s residence, as well as KRW 30 million in cash, such as receiving KRW 30 million in cash for three times at the same place as at the time of non-existence of six months thereafter at the same time. The Defendant received KRW 50 million in total from the victim as the personnel expenses for public officials.

Summary of Evidence

1. Statement by the prosecution concerning C of the defendant's legal statement;

1. Application of Acts and subordinate statutes by date regarding permission for the collection of earth and rocks shall apply to investigation reports (Attachment of details of financial account transactions with complainants);

1. A large amount of damage caused by the instant crime for the reason of sentencing under Article 347(1) of the Criminal Act, Article 62(1) of the Criminal Act, the pertinent provision of the relevant criminal facts, the choice of punishment, and Article 347(1) of the Criminal Act, and Article 62(1) of the suspended sentence of imprisonment, and the Defendant.

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