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(영문) 의정부지방법원 2017.12.20 2016고단5580
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim C and the victim D shall purchase on April 29, 2010 the total amount of public land of 4,129 square meters in E, F, and G farmland and each year.

5. 10. Completion of registration of transfer of ownership.

Since July 2012, the Defendant has been in the same year from around July 2012

9. By the time of August, 18, 200, when presenting the details of public charges stating farmland preservation charges to the victims who did not intend to file an application for permission for development activities of the said farmland in an unspecified area, permission for development activities should be applied for to register the division of “E and G farmland purchased with co-ownership.”

In order to file an application for permission for development activities, farmland preservation charges shall be paid for the viewing of YY, and if the permission for development is revoked, the payment of farmland preservation charges paid by the Corporation in agricultural and fishing villages shall be refunded, and the payment of farmland preservation charges shall not be known, and the payment of farmland preservation charges shall be remitted. As such, the above victims did not have any money actually borne.

However, the defendant did not have any particular income at the time, and even if he received money as farmland preservation charges, there was only a plan to apply for farmland preservation charges to other co-owners, and there was no intention or ability to apply for permission for development activities by paying farmland preservation charges in the name of the victims.

Nevertheless, on September 18, 2012, the Defendant received KRW 20,064,00 from the victim C as farmland preservation charges, and KRW 13,629,000 from the victim D as farmland preservation charges, respectively, a total of KRW 33,593,00,00 from the victims two times, including the transfer of KRW 13,629,00 from the victim D to the agricultural bank account in Yong-Namnam, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A contract concerning charges for farmland preservation;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and departure;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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