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(영문) 울산지방법원 2021.6.10. 선고 2020고단1517 판결
사기,공익사업을위한토지등의취득및보상에관한법률위반
Cases

200 Highest 1517 Fraud, Act on Acquisition of and Compensation for Land, etc. for Public Works Projects

violation of applicable rate

Defendant

A, 1967 PHE, South and North Korean Agricultural

Residence

Reference domicile

Prosecutor

double (prosecution), gambling, or Lee Jin-jin (Public Trial)

Defense Counsel

Attorney Clinical Ki

Imposition of Judgment

June 10, 2021

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 2, 2017, the Defendant conducted a prior grave survey to implement the “Ulsan-gu public housing zone in Ulsan-gu B, Ulsan-gu, the Defendant’s right to the direction of the Defendant in the Korea Land and Housing Corporation, and displayed a sign or sign, which marks the six specifications of a grave in the Arabic form as a compensation object, and considered that these graves were influences and those graves did not file an application for the compensation for the grave, and accordingly, had the other person thought that they would not file an application for the compensation for the grave, and had the other person enter the personal information column of the personal information of the Defendant in the personal information column of the personal information of the deceased, and written the personal information of the deceased as 23 grandchildren in the personal information column of the relationship with the deceased and prepared a false guarantee guarantee certificate as if the Defendant had been managed by the Defendant.

1. Fraud;

On August 10, 2018, at the office of the Ulsan-gu Seoul Metropolitan Area Project Association in Ulsan-gu, Ulsan-gu, 33-gil, the Defendant filed an application for the relocation of a grave with a letter of guarantee prepared by the Defendant, asserting that six-year period for a tomb in the form of a grave in the form of a grave B located in Ulsan-gu, Ulsan-gu, Ulsan-gu, the person in charge of compensation for unclaimed confinement was a grave for the defendant's ancestor.

In fact, however, six days of a arche-type grave in Ulsan-gu B, Ulsan-gu was a non-permanent grave that was not a defendant's early grave, but has not been managed by the defendant.

Therefore, around August 10, 2018, the Defendant, as such, by deceiving a person in charge of care in the name of the Korea Housing and Land Corporation, and under its control, received KRW 3,344,250 from the Korea Housing and Land Corporation to the F Account (G) in the name of the Defendant, including the transfer of KRW 3,344,250 from the Korea Housing and Land Corporation for graves on 48 occasions to the F Account in the name of the Defendant.

2. Violation of the Act on the Acquisition of Land for Public Works and the Compensation Therefor.

In the Korea Land and Housing Corporation on April 30, 2008, pursuant to Article 2008-105 of the Ministry of Land, Transport and Maritime Affairs’s notification, etc., the land owners and persons concerned who receive compensation shall not receive compensation by fraud or other improper means in compensating for the land of a project site being expropriated while implementing a housing construction project and housing site development project for the construction of Ulsan-gu B public housing area in Ulsan-gu and Ulsan-gu and implementing a housing site development project for the construction of detached houses 9,980 and a housing site development project for the construction of detached houses 207.

Nevertheless, the Defendant, as indicated in paragraph (1) of August 10, 2018, by falsely preparing and submitting a false letter of well-known statement, received KRW 20,065,500 in total from the Korea Housing and Land Corporation for six graves, as indicated in the attached Table of Crimes List, for the total period of six graves, as indicated in the Defendant’s name.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act and Article 93(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (the point of fraudulent supply and demand)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Suspension of execution;

Article 62(1) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel have been directly managing the grave of this case for a number of six months and denied the facts charged of this case.

The following circumstances revealed by the court legitimately adopted and investigated evidence, i.e., (1) the police officer believed that the defendant was in charge of his punishment, and that the defendant knew that the defendant was in charge of his punishment, and that the defendant was in fact aware that the defendant was in charge of his punishment. It would not be reasonable that the defendant knew that the defendant was in charge of his punishment. The defendant was aware that the defendant was in charge of his 6th anniversary of his punishment. (309, 310 pages of the evidence records) stated that he was aware that he was in charge of his 3th anniversary of his punishment, and that he did not know that the defendant was in charge of his 6th anniversary of 5th anniversary of 5th anniversary of 5th anniversary of 196th anniversary of 3th anniversary of 5th anniversary of 5th anniversary of 5th anniversary of 5th anniversary of 3th anniversary of 5th anniversary of 196th of 3th anniversary of 196th of 3th anniversary of 196th of 2nd of 3rd of 3rd of the Korea Land and Housing Corporation.

Reasons for sentencing

The amount of graves, equipment and relocation subsidies that the defendant received by submitting a false letter of well-known statement does not specify, but denies the crime of this case and does not return the amount obtained by deceit. Provided, That the fact that the defendant has no record of punishment due to the act of the same kind, which was punished twice by a fine, and the sentencing data recorded in the records, including the defendant's age, character and conduct, family environment, and circumstances before and after the crime, shall be

Judges

Judges Kim Do-young

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