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(영문) 수원지방법원 2013.08.21 2012고정370
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was sentenced to one year of imprisonment and two years of suspended execution at the Suwon District Court on March 23, 2010, and the said judgment became final and conclusive on March 31, 2010. On May 3, 2011, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution at the Seoul Central District Court and became final and conclusive on March 29, 2012, and was appointed from July 2007 to December 2009 as the chairperson of the Korea Association of Gyeonggi-do Association.

The defendant, on April 2009, ordered the victim D to obtain the approval of the Governor of the Gyeonggi-do on the right to operate a store within the water flaps located in Osan-si from the victim D on April 2009 by requesting the victim D to obtain the approval of the Governor of the Gyeonggi-do on the right to operate the store within the water flaps located in Osan-si.

8.(g)A transfer has been made to the account under the name of the Association of Korea or the Lao City.

However, it is entirely possible for the defendant to receive the right to operate the store at the location of the store because there is no ground such as the Gyeonggi-do Forest Environment Research Institute's Ordinance on the Establishment and Operation of the store.

As such, the Defendant made a false statement to the victim, and acquired 5 million won from the victim as the promotion expenses for the right to operate a store in the water flaps arboretum.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police station and each prosecutor's protocol of examination of the accused (including D substitutes);

1. Each police station and each prosecutor's office's statement concerning D;

1. Details of deposit transactions and written agreements;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (a confirmation of details of disposition A, which is an appeal, and report on attachment of judgment), case search, and application of Acts and subordinate statutes of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim.

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