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(영문) 울산지방법원 2016.07.20 2016고합65
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement with respect to cases or affairs handled by a public official, or promise to allow or offer such things to a third party.

Nevertheless, the Defendant was a long-term person with C inn's operation.

D Recognizing the fact that the victim E, who is detained as the crime of injury and who is his sentence, is trying to release he, he will release him to the above E, with the knowledge that he is trying to release him.

On September 3, 2015, the notice room for C in Ulsan-gu F on September 16, 2015 can be deducted from the prosecutor’s office “one million won per share, eight million won per share, and eight million won per share from the notice room for C in Ulsan-gu on September 3, 2015.”

“A false representation was made.”

However, the defendant did not have the intention or ability to release the above D upon solicitation by the prosecutor.

As a result, the Defendant received KRW 4 million from the above E in the name of the school expenses for the same day, and received money and valuables under the pretext of solicitation for the cases handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Recording records;

1. Application of Acts and subordinate statutes to investigation reports (report on the attachment of sound CDs);

1. Article 347 (1) of the Criminal Act (the point of fraud) of the relevant Act on the facts constituting an offense, and Article 111 (1) (the point of receiving money and valuables on the pretext of solicitation) of the Act by attorneys-at-law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments provided for in more severe frauds);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The late text of Article 116 of the Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334) of the Criminal Procedure Act [type of decision] fraud.

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