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(영문) 청주지방법원 2016.07.29 2011고합49 (1)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 22, 2010, the Defendant was sentenced to five years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on March 10, 2011.

The Defendant and F are siblings who operated H Co., Ltd. located in Seocho-gu Seoul Metropolitan Government G (hereinafter “instant company”).

The Defendant and F, around October 20, 2006, did not have been selected by the reconstruction association of Suwon-gu I Apartment-gu, Suwon-si as the reconstruction project implementer of the reconstruction project, and the victim J did not have the authority to grant the right to remove the construction site of the reconstruction project (hereinafter “the construction site of this case”) to the victim, despite the fact that the instant company was not selected as the reconstruction project implementer of the reconstruction project at the office of the instant company, the Defendant and F would be entitled to grant the right

The false end of this year received a total of KRW 20 million from the injured party on the 24th of the same month, KRW 30 million on the 26th of the same month, KRW 250 million on the 26th of the same month, and KRW 200 million on the 16th of the same year, and KRW 50 million on the 16th of the same year.

As a result, the defendant and F were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Legal statement by the witness J;

1. Partial statement of the witness F;

1. Partial statements concerning the F in the suspect examination protocol (No. 38 of the evidence list) prepared by the prosecution against the F;

1. To state some of the statements in the police interrogation protocol (as No. 6, 7 of the list of evidence) related to F (including the J substitute part);

1. A protocol concerning the examination of suspect for the police against K or L;

1. Statement made by the police to J;

1. Copy of statement protocol;

1. A removal contract, business registration certificate, and copy of each passbook (No. 11 and 16 No. 16);

1. Previous convictions in judgment: Application of the Act and subordinate statutes to inquiries, such as a report on investigation (the identification of the suspect A), criminal history, etc. (No. 43 of the evidence list);

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) and Article 30 of the Criminal Act regarding the crime [the maximum of statutory penalty is prior to the amendment by Act No. 10259, Apr. 15, 2010].