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(영문) 의정부지방법원 2013.08.28 2013고단866

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Judgment of the court below]

1. Around September 24, 2008, the Defendant made a false statement to the victim M& (the 47 years of age, south) who met with L by the introduction of L from K located in the Guri-si, Gyeonggi-do, stating, “The land will be expropriated due to the passage of the Masan tunnel on his own land, and the number of people related to the Masan tunnel construction will be at least 300,000, and may be punished by money if the Defendant operates the Mabar restaurant. The amount of KRW 20 million is KRW 20,000,000 at the construction site of the Masan tunnel and will provide land and buildings that will be allowed to operate the Mabar.”

However, in fact, the defendant did not own land at a place where the Yongsansan Tunnels is scheduled to pass, and the number of people related to construction is limited to 100, and the defendant did not have the intention or ability to give the victim the right to operate the brine cafeteria at the construction site of the Yongsansan Tunnels because the right to operate the brine cafeteria is not available.

As above, the Defendant was issued KRW 20 million in total, including the sum of KRW 14 million in checks, around September 26, 2008, by deceiving the victim and receiving the request from the victim, namely, KRW 6 million in cash and KRW 14 million in checks from L, which was requested by the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

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2. The defendant is a tenant of old-si D or E forest, and no one shall construct buildings, change the purpose of use, change the form and quality of land, cut bamboo and trees in a development restriction zone without permission from the competent authority;

Nevertheless, from September 2012 to November 2012, the Defendant cut down 160 mal trees (area 2,627 m2) without obtaining permission from the competent authority in the above Guri-si D and E forest, which is a development restriction zone, and cut and cut down a lot of land equivalent to approximately 1,70 m2,00 m2 and changed the form of land and constructed three marbs of container and prefabricated-type buildings.

Summary of Evidence

[Judgment of the court below]

1. Each legal statement of witness M and L;

1. A protocol concerning the suspect examination of the accused;

1. The defendant;