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(영문) 인천지방법원 2019.05.24 2018노3617
사기등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is not the fact that the defendant deceptions the victim as stated in the facts charged in this case.

The defendant has received KRW 10 million from the victim for the purpose of camping business, not for the entertainment expenses of public officials, but for the purpose of deception.

Since the defendant was planned to hold a competition jointly with the victim and operate a camping site, it is only the defendant's business, and it does not constitute a violation of the Attorney-at-Law Act.

Judgment

ARTICLE 1-A

Comprehensively taking account of the following facts and circumstances acknowledged by the court below as a whole after lawfully adopting and examining the evidence, the fact that the defendant, while having no intent or ability to obtain permission to use the H (hereinafter “H of this case”) as stated in the judgment of the court below, deceiving the victim together with B and acquired money as a solicitation to public officials is sufficiently recognized.

This part of the defendant's assertion is without merit.

The victim stated that, from the police to the court of the court below, the Defendant and B agreed to hold the Games with H use permission and to allow the use of the relevant facilities to operate the camping site. On March 30, 2015, the date related to the permission for use was completed, and even March 30, 2015, the Defendant and B paid KRW 10 million to the public officials of J-si for the entertainment expenses.

The victim's statement is consistent, M's investigative agency and the court below's legal statement are consistent, and there is no other circumstance to reject the credibility of the above statement.

around 2014, an incorporated association D (hereinafter “instant D”) promoted a project to hold a competition and to create a camping site in the instant H. On February 27, 2015, J around February 27, 2015, it is impossible to create a camping site permanently in the instant H and non-permanent facilities.

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