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(영문) 전주지방법원 2020.01.23 2018고합298

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant shall be innocent.

Reasons

1. On June 2015, the summary of the facts charged by the Defendant: (a) from the second floor of “C” located in Ysan-gu Seoul Special Metropolitan City, Seocho-gu, Seoul Special Metropolitan City; and (b) D, “A project is being conducted on approximately approximately 8,000 square meters, including E and 23 parcels (hereinafter “instant site”); and (c) an apartment with a height of at least 43 meters can be constructed. The success of the project as a result of the flood analysis is about 10 billion won. In relation to the permission for the alteration of the current state of cultural heritage, the public officials in charge were confirmed as to the permission for the alteration of the current state of cultural heritage. Since the F apartment near the instant site was located on the 12th floor, at least 12th floor-scale apartment units can be located on the instant site.”

On June 2015, D continuously delivered the statement to H to the representative director of the victim G G company, and the victim G Co., Ltd and the victim limited liability company I appointed D as a representative and entered into a contract with the defendant to acquire the ownership of the Chungcheong E, J, and K real estate and the business rights of the land of this case from the defendant in KRW 1.3 billion.

However, in fact, the Defendant did not have confirmed whether the public official in charge can place an apartment with a height of 43 meters in relation to the permission for the alteration of the current state of cultural heritage. The instant site was an area where the permission for the alteration of the current state of cultural heritage was required, and it was difficult to place an apartment with a height of

Nevertheless, the defendant, as above, deceiving the victim company through D and deceiving it from the victim company, 20 million won around June 19, 2015, from the victim company.

8. A total of KRW 600 million, including KRW 400,000,000,000, was issued in L bank account (N).

2. The Defendant consistently visited the competent military authority along with D to inquire about the building permit, etc. of the apartment site of this case from the investigative agency to this court, and according to the Ordinance of the competent military authority, the Defendant visited the competent military authority along with D to ask for the building permit, etc. of the instant site.