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(영문) 서울남부지방법원 2014.06.27 2011고합24 (1)
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

C is a person who was working as the chairperson of the Yangcheon-gu Seoul Metropolitan Government Committee for Emergency Countermeasures against Apartment Buildings from February 25, 2009 and served as the chairperson of the said Committee from November 28, 2009 to February 10, 2010.

The defendant is the representative director of E, a corporation, who runs from January 20, 201 to May 20, 201.

Around October 23, 2009, the Defendant listened to C at a restaurant, that “In the city of the council of occupants’ representatives is the chairperson of the emergency countermeasures against the council of occupants’ representatives, he may grant C the right to operate the market by up to and up to sunrise with full payment of KRW 5 million in lieu of the attorney-at-law’s fees.” In other words, C made an illegal solicitation for requesting C to operate the market by up to sunrise, i.e., granting KRW 5 million in consideration of the right to operate the market by sunrise, and from around that time to November 4, 2009, the Defendant made an illegal solicitation for the selection of the market operation company and the management security service company by up to three times in total, as shown in the attached list of crimes, and granted KRW 25 million in total.

Summary of Evidence

1. Statements of the defendant and partial statements of C in the second protocol of trial;

1. Statement No. F in the suspect examination protocol of the prosecution (No. 2) concerning C;

1. The police statement concerning G;

1. Application of the consignment contract for apartment management affairs, Altitude City contract (Evidence Nos. 15,16), detailed statement of deposit transactions in the National Agricultural Cooperatives Federation, passbook no passbook deposit sheet, details of deposit and withdrawal, details of transactions (Evidence No. 60, 73, 87, 88) and each investigation report and accompanying documents (Evidence No. 68, 69, 85, 86) to Acts and subordinate statutes;

1. Relevant Article 357 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 357 (2) of the Criminal Act concerning the selection of a fine;

2. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse.

1. The range of punishment by law does not exceed five million won;

2. The sentencing criteria applicable to the facts constituting the crime as indicated in the judgment at the time of January 31, 201, which is the date of the prosecution of this case.

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