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(영문) 청주지방법원 충주지원 2017.11.15 2017고단493
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

[criminal record] On December 23, 2010, the Defendant was sentenced to one year of imprisonment for embezzlement at the Seosan Branch of the Daejeon District Court, and completed the execution of the said sentence at Daejeon Prison on December 23, 201.

[2] On February 6, 2014, the Defendant suggested that the Defendant would make a false statement in a coffee shop, where it is difficult to know the name near the Cheongju District Court located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and that “The Defendant would obtain permission to collect earth and stones from the victim D and sell them after obtaining permission to collect earth and stones on the 55,181 square meters of land and rock,” and that “the Defendant may sell the collected earth and stone to the neighboring public works site and make profits from the sale of them.”

However, the Defendant was well aware of the fact that the permission for gathering earth and stones was not possible because the said land was located within two kilometers from railroads, and that the permission for a kimchi plant for the said land was revoked on December 31, 2012 and was well aware of the fact that there was no diversion of mountainous districts and collection of soil and stones for the said land, so even if receiving money from the injured party, there was no right to collect earth and stones from the said land as agreed with the injured party.

The Defendant received 50,00 won, around February 6, 2014, around 50,000 won, around February 14, 2014, and KRW 10,000,000,000 around March 4, 2014, and KRW 50,000,00 around April 16, 201, respectively, from the damaged party as a person who was a consignee on June 24, 2014, and the victim received KRW 560,00,000,000,000 as a simultaneous performance condition, from among the 56/60 shares of G ownership in the said land, as a person who was a truster around June 24, 2014.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H and I;

1. Investigation reports (or wire investigation by a public official in charge of the voice-raising office) and replies to cooperation in investigation affairs;

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