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(영문) 창원지방법원 진주지원 2018.07.10 2017고단258
사기등
Text

Crimes No. 1 and 6 of imprisonment with prison labor for the crimes No. 1 and No. 3 of the judgment of the defendant, and No. 4 of the judgment.

Reasons

Punishment of the crime

[2] On October 18, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Jinwon District Court's Jinju branch on October 24, 2007, and on April 12, 2010, the Defendant was sentenced to one year and six years for a suspended sentence, and the said suspended sentence was invalidated due to a interference with the performance of official duties by the same court on April 12, 2010. On July 9, 2012, the Defendant completed the execution of the final sentence at a detention house. On April 10, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinwon District Court's Jinwon District Court's imprisonment on February 19, 2016, and the judgment was finalized on July 28, 2016.

[Criminal facts] 2017 Highest 258

1. On September 23, 2015, at the C coffee shop located in B at the time of the show on September 23, 2015, the Defendant: (a) applied for voluntary auction to the victim D for “E show F’s land; (b) bid to the third auction of the said land; or (c) purchase land directly from the owner of the said land.

If investments are made in KRW 35 million, the purport was that the aggregate of investment funds and profits shall be paid KRW 50 million and the neighboring land shall be purchased and the housing site development project shall be jointly promoted.

However, in fact, the above land was awarded to G on the third auction date around December 18, 2015, but the Defendant did not make a bid for the above land, and there was no special strategy to directly purchase the land from the owner of the above land. At the time, four corporations, including (State H) H, etc., which were operated by the Defendant, were in the monthly salary of the employees for about two months, and there was a need to pay the payment for the use of the corporate card. Thus, even if the said money is received from the injured party, the intent or ability to purchase the above land and pay KRW 50 million in total the investment and profit to the victim.

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