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(영문) 수원지방법원 평택지원 2014.10.08 2013고합133
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On January 2010, the Defendants knew that Defendant A’s father G (the 55-year-old father) was paid 2 billion won the land compensation, and conspired to acquire part of the above land compensation under the name of development investment in the site of a detached house.

On April 8, 2011, the Defendants received permission documents from the victim to develop Pyeongtaek-si H [Road Address H] (3,00 square meters, hereinafter “instant forest”) as a detached house site in the office of the dispute settlement council, and the victim received permission documents from Pyeongtaek-si office in order to develop it as a detached house site. The permission is difficult. If 600 million won is invested with total of 1.6 billion won with land purchase cost and construction cost, the remaining investments will be made from the J. In such a case, although it was not developed as a detached house site, it would be unconditional to KRW 1 billion with no conditions until March 31, 2012.”

However, the forest land of this case was difficult to develop as a matter of gradient, etc., and there was no difference in fact that the Defendants applied to the Pyeongtaek-si Office for the permission of development of the forest of this case, and there was no specific method to prepare for the Defendants’ investment. The considerable part of the money received from the victims was the intent to use the forest of this case for personal purposes, such as wages to the Defendants, vehicle rental, etc., and there was no intention or ability to develop the forest of this case as the forest of this case with the money received from the victims as the single house site.

Nevertheless, the Defendants conspired to induce the victims as above, and acquired 50 million won from the victims to the corporate account of the JAB on April 8, 201, and 10 million won from the same account on October 11, 201 and acquired 600 million won in total by receiving 10 million won from the same account under the same name.

Summary of Evidence

1. Statements of witnesses G and L in the second protocol of the trial;

1. The entry of a witness A in part of the second protocol of trial;

1. Entry of witnesses M in the third protocol of trial;

1. Preparation of inspection;

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