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(영문) 울산지방법원 2017.08.10 2017고합114
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four years and six months of imprisonment for fraud, etc. at the Daegu District Court on December 1, 2006. On November 15, 2007, the Daegu District Court was sentenced to three months of imprisonment for fraud, etc. on August 13, 2010, and was sentenced to one year of imprisonment for fraud, etc. at the Changwon District Court on August 13, 2010. On October 28, 2010, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Changwon District Court on October 28, 2010, and completed the execution of the sentence in the Changwon District Court on June 1, 2013.

[Criminal facts]

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) states that “The Defendant would sell 1,600 square meters of land owned by his father and mother in the joint name to E and receive KRW 203 billion of the purchase price. Upon receiving the purchase price from E, he would purchase the said land with the purchase price and newly construct and sell the shopping mall,” and that he would be aware of the land to be purchased. Around July 2013, the Defendant introduced the victim from “H” operated by the victim G in Gyeyang-si, Yangsan-si, around July 2013, the Defendant would immediately receive KRW 20 billion of the purchase price, and was concealed on the container, KRW 70 billion of the purchase price.

When a person receives inherited property, he/she purchased a site of 1,800 square meters including H building site, and newly constructed and sold a comprehensive shopping mall, and as it is not good body, he/she will be in charge of management due to purchase of a site and construction of a shopping mall with D.

However, in fact, the defendant did not have any property inherited as above, and there was no intention or ability to newly build a comprehensive shopping mall, but it was thought that the defendant would acquire money from the victim as if the victim had a financial ability.

On May 11, 2014, the Defendant: “The property belonging to the Defendant is in the court proceeding, and taxes are several hundred billion won.”

Funds of tax offices; and

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