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(영문) 서울중앙지방법원 2020.11.06 2020고합395
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

B A person shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

The crime history room (Defendant B) is the external third village of the victim C, and the defendant B is the representative of the Dispute Resolution Co., Ltd., and the victim was the owner of the land, such as Gyeonggi-do E, F, G, H, I, and J around 2012.

Defendant

B and A around June 8, 2012, a proposal was made to develop the instant land owned by the victim as a site for electric source housing to K (A) with the mother of the victim's mother, and the said K consented thereto under the delegation of the victim.

In the instant indictment, this part of the indictment states, “The above K consented thereto under the delegation of the victim residing in China at the time.”

However, according to the witness C and A’s respective legal statements, the victim C appears to have been staying in Korea at the time, and even if the part “at the time of residing in China” in the above sentence is deleted, it is judged that there is no substantial disadvantage in the exercise of Defendant B’s right to defense in light of the process of the trial in this case, and thus, this part is corrected ex officio without following the amendment

At the time, Defendant B and Defendant B are well aware of the visa of the member of the National Assembly L. The development is defective because they can obtain the relevant authorization and permission through the L visa team. The development service cost is KRW 500 million, among which KRW 200 million is used for the service cost, and the remainder of KRW 300 million is paid to the L visa team. On September 19, 2012, Defendant B and A continued to enter into a contract for civil construction works equivalent to KRW 200 million in the name of the above K, victims and the L visa.

However, in fact, Defendant B and A received more funds from the victim through the above K in relation to the above development project, and divided them, they made a false statement that it is necessary to set up a virtual existence of Lviol Team in order to pay more than KRW 500 million for the development service cost, and Defendant B entered into a contract with Q (R prior to the opening of the name) that actually performs the affairs of authorization and permission development and that is equivalent to KRW 75 million.

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