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(영문) 대구지방법원 상주지원 2018.06.12 2017고단351
사기등
Text

The defendant shall be punished by a fine of KRW 7 million for the crime No. 2 of the judgment of the court with respect to the crime No. 1 of the judgment of the court.

Reasons

Punishment of the crime

[criminal records] On June 23, 2015, the Defendant was sentenced to one year of imprisonment for fraud in the residents support of the Daegu District Court, and the said judgment became final and conclusive on July 1, 2015.

[Criminal facts]

1. Fraud (2017 Highest 351) Defendant 1: (a) C had no ability to pay the inheritance tax of inherited apartment, and D had the apartment in its name required to secure the right of fostering; (b) C had the inherited apartment transferred in its name and used it to obtain a loan for the purchase fund in the name of D following transfer of the apartment in D name.

On June 9, 2014, the Defendant: (a) prepared a real estate transaction agreement with C and D to purchase and sell apartment buildings owned by C in Goyang-si, Goyang-si with C and D; (b) presented the said real estate transaction agreement to the victim E Co., Ltd.; and (c) filed an application for a loan for housing purchase in the name of D; (c) made it false that the lessee currently resides in the employees of the victim Co., Ltd. who were delegated with the investigation for transfer from the victim Co., Ltd., and made C to the lessee who was delegated with the said investigation.

However, the defendant prepared a false real estate sale contract for the purpose of obtaining a loan, and the lessee did not withdraw, and there was no intention or ability to repay the loan.

Ultimately, on June 17, 2014, the Defendant acquired money by obtaining KRW 1771 million from the injured party under the name of the loan from the injured party.

2. A person who intends to engage in development activities, such as gathering soil or stone (No. 2018 Heights) in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun;

Nevertheless, on May 2017, the Defendant cut approximately 3 meters high-level 3 meters away from Gyeongcheon-gun’s land, G ownership, which was around 1280 square meters, and collected earth and rocks equivalent to 360 tons in total by using Pocheon-gun’s water without obtaining permission.

(i) the evidence;

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