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(영문) 부산지방법원 2018.08.23 2017고단5284
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 19, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for fraud at the Busan District Court. The above judgment became final and conclusive on March 9, 2018.

[Criminal facts] The defendant is a person who has operated a planned real estate company in the name of "J real estate" on the 7th floor of the Dong-gu Busan Metropolitan City.

On September 3, 2012, the Defendant introduced that the victim-friendly M, the agent of the victim L, through K, who is an employee of the Defendant, and the employee N of the victim company, sold the forest land in Ulsan-gun, Ulsan-gun, as the site for the entire house. “Although this place is currently a forest, access roads to the forest can be opened and the land category can be changed to the site.

When selling and selling forest shares, the access road will be given and the permission for the change of land category shall also be granted.

If he/she fails to obtain civil engineering permission within two months, he/she will refund the full amount of the purchase price.

The phrase “ makes a false statement.”

Therefore, in order to enable the change of land category as a forest interest franchise for forest land belonging to a planned management area, access road should first be established, and the permission to divert mountainous district should be obtained from the competent administrative agency, and the gradient, elevation, distribution of standing timber, etc. should meet the permission standards under the relevant provisions, such as the Management of Mountainous Districts Act.

However, in fact, the Defendant did not have any prior preparation for opening access roads, which are the contractual terms, such as purchasing surrounding land or obtaining permission for road use. Even if the access roads are to be established, since it did not have any prior survey or examination as to whether the said forest meets the requirements for permission for the conversion of mountainous district for the change of land category, it is impossible to actually change the land category since it was unclear whether it is possible to do so.

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