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(영문) 인천지방법원 부천지원 2019.08.22 2019고단768

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

60 million won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

1. The defrauded B is the owner of the instant land, which is divided into “C” and “D land”, and is the owner of “C” and “D land”, in the case of Kimpo-si, Kimpo-si.

On February 10, 2017, the Defendant made a false statement to the victim, “The Defendant would allow the Defendant to lawfully operate a restaurant in Kimpo-si, Kimpo-si, and D owned by the Party, and in order to promote this work, it is necessary for public officials to contact with him.”

However, the victim-owned land was designated as a production management area under the National Land Use Planning Act, and the defendant thought that he would use the land for his personal purpose even if he received money from the victim. The defendant did not have the intention or ability to obtain permission to operate the general restaurant.

On February 10, 2017, the Defendant, by deceiving the victim as above, obtained a total of KRW 20 million from the victim, 100,000,000 from the victim, and acquired a total of KRW 145,00,000 through six times, such as the list of crimes in the attached Form.

2. As indicated in No. 2 and No. 3 of the crime list No. 2 and No. 3 of the above paragraph (1), the Defendant received money and valuables from the victim on the pretext of soliciting public officials by receiving KRW 60 million from the victim for solicitation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Part of the police officers and the suspect examination protocol of the accused (including substitute part) of the prosecution;

1. Police suspect interrogation protocol regarding F;

1. Each police statement concerning B and G;

1. B accusation;

1. Investigation report (Submission of documentary evidence by a complainant), submission of documentary evidence (written confirmation of a civil petition), investigation report (search, search and inspection warrant, reply - separate table), investigation report, and Kimpo-si;

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