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(영문) 울산지방법원 2015.07.24 2014고합296

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On February 17, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a term of fraud at the Ulsan District Court, and the judgment became final and conclusive on July 24, 2012.

【Criminal Facts】

Since around 2005, the Defendant was a person who actually operated D Co., Ltd. (hereinafter “D”), D was designated from the Ulsan Metropolitan City Mayor around September 23, 2005 to the implementer of an industrial complex development project with respect to the size of 43,634 square meters in the Nam-gu, Ulsan Metropolitan City, Seoul Metropolitan City Mayor around September 23, 2005, and obtained approval for the implementation plan related to the industrial complex development of a factory site for the purpose of “construction of export goods packages and logistics sites” around April 26, 2007.

Around October 9, 2007, the Defendant stated in the instant indictment that the victim H Co., Ltd. located in G in G in Chungcheongnam-si, Chungcheongnam-si stated that the victim was I. However, as the representative director of H Co., Ltd., the Defendant, as the Defendant, was paid the down payment and part of the remainder by concluding a sales contract with H Co., Ltd., so the H Co., Ltd., the Defendant is the victim of the crime of fraud. Since it is merely a mistake for the victim to exercise his right of defense,

(hereinafter “H”) In the office of the victim H, “D operated within the E-Industrial Complex was designated as a development project operator for the land in the E-Industrial Complex, obtained approval of the implementation plan, so that it would be possible to operate a shipbuilding machinery manufacturing factory that made shipbuilding parts in the said complex, and that it would be approved for the alteration of use for the shipbuilding machinery business purpose without molding until the first police officer of December 2007,” and the victim would have been able to operate a shipbuilding machinery manufacturing factory within the said complex.

However, D is first designated as a development project operator for the purpose of “the creation of a site for logistics industry and transportation business” with respect to the land within the above complex.