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(영문) 수원지방법원 2014.11.13 2013고합697
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, the instant case concerns D and five parcels.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment for fraud at the Suwon District Court on December 16, 2010 and the judgment became final and conclusive on September 8, 201.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - The defendant involved in the crime related to the construction of a four lot factory site outside the E and the four lot building site in the e in the eth of March, 2004, the victim of the G office in the eth of the victim G located in the eth in the eth in the eth of March, 2004, stating that "the construction cost shall be paid if the construction work of the four lot factory site is completed in the eth of eth in the eth of November, 16, 2004, and the victim who believed it would have the victim complete the construction of the above factory site by inserting

However, in fact, the Defendant did not have any funds that the Defendant actually invested in the above construction and did not have the ability to raise funds. Moreover, some of the above land cannot be traded for four years even if the Defendant acquired ownership after the completion of construction work under the National Land Planning and Utilization Act, and thus, there was no intention or ability to pay the said funds even if the victim completed the construction work.

Accordingly, the Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to KRW 1.771 billion.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - around July 9, 2006, the Defendant committed the crime related to the H Housing Site Development Corporation at the same place as stated in paragraph (1) above, and the victim G saying, “The construction cost shall be paid in full within seven days after completion, if the H Housing Site Development Corporation is completed in harmony.” The Defendant’s horse at the end of the above Defendant added the construction cost of KRW 1.364 million to the victim and had the victim implement the said construction work.

In fact, the defendant did not have any funds that he actually invested in the above work, and there is no ability to raise funds.

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