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(영문) 서울북부지방법원 2018.08.10 2018고합55

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

. It should be able to prove that the amount of compensation is large (e.g., at least five million won of compensation, evidence documents: health certificate or copy of passbook): No absolute amount of money shall be collected for those who have been paid compensation;

5. All data shall prohibit personal storage except the manager (H Director), inspect the status of data storage at any time even before the closure of the Relocation Compensation Center, and destroy computers and counseling logs, etc.

6. General terms and conditions of the resettlement compensation shall be reported to be excessive, and shall prohibit sharing of information as to the remainder;

Measures for Current Status (A)

1. The amount of compensation is too small and uniform than that of the compensation plan;

- Average unit cost of compensation: business establishments (20), business owners (10 to 30), professional women (3 to 10), business period, existence of premium, operation of premium, flood control, number of employees, etc. are not considered. 1. The full amount of compensation (within KRW 100,00) must be paid in accordance with the compensation programme, centering on a person who is reliance (e.g., wedding, food).

* Considering the special nature of a house-based village, it is necessary to shoulder a uniform compensation framework and set the criteria for compensation diverse and complicatedly. 2. It is necessary to specify the grounds for the enforcement of compensation amount by partially reflecting the business period, premium, operating flood control, number of employees, etc. in the written agreement. - At least 30 million won (in preparation of a consultation on compensation)

2. The primary fund execution period was too long, and the remaining time is shorter.

1. Review as to whether additional payments have been made by amending the existing agreement only to food-related districts among the persons preparing the agreement - The payment of the existing agreement (20 million won) shall be the down payment, and the payment of any balance shall be made (for reliable persons: example, BI, and BJ) - The stipulation that actively cooperates in the relocation of house-based villages and confidentiality assurance in the agreement;

2. It shall be implemented promptly when compensation is secured in accordance with the future fund plan;

(The amount of funds to be disposed of until the end of each year is too large)

3. The amount of money enforcement is too excessive compared to the present situation of relocation in the house.