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(영문) 서울북부지방법원 2018.08.24 2018고합220
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

In relation to the business of the transfer of D and Gyeonggi Kimpo-si, the Defendant conspireds to acquire money from the victim with a view to granting the victim an interest right after the park transfer, and on July 16, 2013, the Defendant is the chairman of the Park Cemetery E in which the husband's high mother father is located in Gyeonggi-si, Seoul Special Metropolitan City Dakdong Dak Kimpo-si.

At this time, the Park Cemetery was transferred to G 150,000 square meters in Kimpo-si.

If the president transfers a park cemetery, he transferred the name of E to B, and gave B the entire operation of a charnel house in E.

In order to transfer the park cemetery, it is necessary to prove the balance of 40 billion won to be submitted to the court, but it is required to prepare the certificate of balance of the account deposited in the amount of 40 billion won.

If a person makes an investment in money necessary to prove his/her balance, he/she will have the right to operate a funeral hall after moving the civil works following the transfer of the park cemetery and the park cemetery.

“A false statement was made to the effect that it was “.”

However, the Defendant and D did not have any connection with H, the president of E, and there was no plan for the relocation of the said Park, and the Defendant was planning to use the amount of money to pay the Defendant’s existing debt or pay the Defendant’s incidental debt. There was no intention or ability to give the victim the right to operate the Civil Works Corporation and the E funeral hall prior to E.

Nevertheless, the Defendant, as such, by deceiving the victim, was issued to him/her a check of KRW 200 million at the face value to the Nong Bank immediately from the victim, and was issued to him/her a check of KRW 50 million at the face value on July 19, 2013. On July 29, 2013, the Defendant received KRW 300 million at the Defendant’s bank account (Account Number I).

Accordingly, the defendant, in collusion with D, obtained a total of KRW 550 million from the injured party on three occasions, by obtaining a delivery of KRW 50 million.

Summary of Evidence

1. The defendant's statement in court;

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