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(영문) 의정부지방법원 고양지원 2017.07.21 2016고합297
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of the land in the Dong-gu, Busan Metropolitan City, Seoyang-si, Gyeonggi-do, and E is F-owned as the head of the Defendant, and G is H-owned as the head of the Defendant (hereinafter “instant land”).

On June 2014, the Defendant made a false statement to the victim K that “this case’s land that can be permitted to newly construct a collective housing has been purchased.”

However, in fact, in order to obtain a new construction permit of multi-family housing, roads with at least 6 meters of access roads should be secured, and the above land does not meet these conditions, and the defendant did not have any intention or ability to obtain a new construction permit of

Nevertheless, on June 12, 2014, the Defendant: (a) by deceiving the victim; (b) concluded a sales contract for the instant land at the Magdong-gu Magdong-gu Magdong-si L on June 12, 2014; (c) concluded on the same day as the down payment; and (d) on February 5, 2015, the Defendant acquired KRW 450 million checks from the agricultural cooperatives located in the Seoyang-gu Dong-gu, Busan-gu, Busan-do, Gyeonggi-do, the KRW 150 million checks for KRW 150 million in total as the remainder payment from the agricultural cooperatives located in the Dong-gu, Busan-gu, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the public prosecutor of K and N;

1. Statement K or N in the suspect interrogation protocol (No. 145, 194 No. 145, 194) against the defendant;

1. Statement made by each police officer of K, N, orO;

1. Application of Acts and subordinate statutes to each real estate transaction contract and each report on change of the purpose of use of each building, each certificate of report on change of the purpose of use of construction, each certificate of change of construction participants, design drawings, drawings, certificates of registered matters, requests for cooperation in investigation, replys to investigation, investigation reports (p currency of a witness), investigation reports (Submission of data on reference), investigation reports (Submission of data on reference), and reports on change of the purpose of use of each building;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

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