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(영문) 수원지방법원 2014.01.16 2013고정3059
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant, in collusion with B, prepared a written agreement with the victim C to receive the lower office of civil engineering works, and conspired to obtain money for the expenses.

On October 7, 2008, the Defendant introduced that “A (Defendant) is a member of the E office in Gangnam-gu Seoul Metropolitan Government, and “A (Defendants) is a member of the National Assembly, and there are many people who take part in the construction industry as an assistant of the National Assembly member,” and concluded that “A may receive a subcontract for civil engineering works, etc. from a large constructor on his/her own,” and the Defendant committed the act as if he/she was a member of the National Assembly.

However, there was no fact that the defendant had been assistant to National Assembly members, and there was no intention or ability to receive the victim's subordinate to civil engineering works.

As such, the Defendant conspired with B by deceiving the victim and received 2 million won from the victim for expenses around December 26, 2008, and acquired money equivalent to 8 million won from March 9, 2009, such as the statement in the attached list of crimes, by remitting eight million won to the victim from March 9, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol prepared by the public prosecutor as to B;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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