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(영문) 전주지방법원 정읍지원 2015.09.22 2015고단184
사기등
Text

1. The defendant A shall be punished by imprisonment for four months;

2. The defendant limited liability company A shall be punished by a fine of three million won.

Defendant .

Reasons

Punishment of the crime

1. Defendant A

A. On September 2008, the Defendant concluded that “BH golf practice hall” in the “BH golf practice hall located in Gyeong-Eup, Jung-gu, Jung-gu, 2008, the Defendant would obtain permission to collect earth and sand and, if he/she is running a business to lend money due to the shortage of money, he/she would obtain permission to collect earth and sand and repay his/her debt in the manner of payment in kind.”

However, at the time, the Defendant had already received non-permission regarding the application for permission to collect earth and sand from the party to the Eup at the time, and the Defendant had no intention or ability to pay the money even if he borrowed money from the victim because it was economically difficult to borrow money from many persons.

Nevertheless, on September 24, 2008, the Defendant: (a) KRW 10 million with the account of community credit cooperatives under the name of BJ, a creditor of the Defendant; and (b) KRW 5 million with the account of the Nonghyup Bank in the name of the Defendant on November 13, 2008; and (c) KRW 10 million with the said account twice on two occasions.

(h) received 10 million won from the same account on December 9, 199

Accordingly, the Defendant received 30 million won from the victim and acquired it by fraud.

B. The Defendant violated the Mountainous Districts Management Act is a person who was a representative director of a limited liability company AA that runs the business of collecting aggregate.

On May 4, 2010, the Defendant obtained permission to collect earth and sand for 29,970 square meters out of the forests and fields of land outside W in Jung-Eup, Jung-gu, and one other. Around that time, the Defendant was confirmed by the person in charge of permission to collect earth and sand from the person in charge of permission to collect earth and sand from Jung-Eup.

Any person who intends to collect earth or stone in a mountainous district shall obtain permission to collect earth or stone from the Mayor, and the same shall apply to cases of changing permitted matters.

Nevertheless, the Defendant from May 7, 2010 to the same year.

7. The area permitted to collect earth and sand shall be 3,906 square meters, without obtaining permission from the competent administrative agency, while performing the work of gathering earth and sand by using heavy equipment, etc. in the forest and field on the ground that it has been done for the middleman.

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