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(영문) 수원지방법원 2017.11.24 2017고합301
사기등
Text

Defendant

A shall be punished by imprisonment for two years.

Defendant

A to collect KRW 300 million from A.

Defendant

A. As regards A.

Reasons

Punishment of the crime

No person shall receive or promise to receive money or valuables under the pretext of solicitation or mediation with respect to cases or affairs handled by public officials.

Defendant

A, a financial director of the F Co., Ltd. (hereinafter “F”), was investigated by the Financial Supervisory Service by the victim G, a financial director of the F Co., Ltd. (hereinafter “F”), under the charge of the operation of market prices using window dressing accounting and internal information, and the Seoul Southern Branch also received money under the pretext of deceiving the victim as if he was in the process of internal investigation and soliciting the victim to the prosecution, etc.

Defendant

A around November 2013, at the office of the F representative director in the fifth floor of H building in Yeongdeungpo-gu Seoul Metropolitan Government H building, the victim " is currently going to death in the prosecution."

As seen below, G was able to make a solicitation to the relevant agencies, such as the prosecution, etc., in order to conclude an investigation of KRW 300 million, such as internal investigation by the prosecution, on the face of a solicitation, and as seen below, G was not able to hear the statement from the defendant A through the defendant B at this time, or talk about the defendant B at all, and it was said that he did not go through the defendant B after delivering money to the defendant A.

Since the statement was made and it can be reliable, the part that Defendant A mentioned in the charge of deception was deleted and recognized ex officio without the amendment process of indictment.

Even if recognized as above, there is no concern about substantial disadvantage to Defendant A’s exercise of defense right.

The phrase “ makes a false statement.”

However, in fact, the Seoul Southern District Prosecutors' Office did not know the victim, and even if the defendant A received the money from the victim in the pretext of solicitation, he did not have the intention or ability to accept it by solicitation from the relevant agencies.

Nevertheless, Defendant A deceiving the victim as above, and on December 2013, 2013.

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