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(영문) 의정부지방법원 2015.06.30 2014고단2871 (1)
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person working as the chairperson of the C Co., Ltd. (hereinafter “C”), and the Defendant and D conspired to acquire money by deceiving the victim E as if the Defendant and D did not have any authority to collect and transport soil and rocks related to the transfer of the U.S. military base, on the ground that the entity of C was a real estate consulting company, and there was no fact that they received from the Ministry of National Defense the project related to the transfer of Pyeongtaek Military Bases.

D After having become aware of the victim through the introduction by the branch, the defendant was introduced to the victim, and the defendant was introduced to the victim on October 2, 2007, and on October 2, 2007, at the C office located in Jongno-gu Seoul, Jongno-gu, Seoul, the victim E obtained the right to conduct the land reclamation project from the Ministry of National Defense, and received approximately KRW 54,500,000,000 from approximately KRW 10,000,000,000, soil and sand aggregate was approximately KRW 13,50,000,000,000, as aggregate transportation contract for the soil and stone collection was concluded, and KRW 60,000,000,000,000,000 from KRW 27,000,00,000,000,000 from the victim and KRW 2,100,000,00.

However, in fact, C and the Defendant did not have any authority to gather and transport earth and rocks with respect to the relocation of Pyeongtaek Military Base, and C concluded a joint agreement with K to jointly use the said mining right with the representative of the J Co., Ltd. (hereinafter “J”) holding the mining right in ASEAN, H and I. However, on the premise of this, “a joint agreement on aggregate and construction-related investment and construction” was concluded. However, on the premise of this, the Defendant did not make an investment more than KRW 47 million out of KRW 10 billion, which the Defendant agreed to make an investment. As such, the said agreement was not properly performed, and the said agreement was not authorized to extract minerals and minerals for the mining area where the said mining right had been located.

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