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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On June 2016, the Defendant, at the C office located in Motsan-gun B, would obtain authorization to establish a district unit plan necessary to establish the head of Matsan-gun F and one other at the request of the E, with the victim D.
“A service contract was concluded with the content of obtaining authorization to establish a district unit plan that can establish the head of the Mansan-gun other than F. 1,000,000 won for services from the injured party on a false basis.” The contract was concluded with the content of obtaining authorization to establish a district unit plan that can establish the head of the Mansan-gun.
However, in fact, the aforementioned “F and one parcel outside of the Republic of Korea” constitutes an agricultural and forest area, conservation and conservation area, and natural environment conservation area under the land use plan, and thus, the Defendant did not have the intent or ability to obtain authorization for the establishment of the district unit plan even if he/she received service fees from the injured party. In addition, even if he/she received money from the injured party for the purpose of service, he/she
Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 60 million from the victim to the account of a stock company C under the pretext of services around June 20, 2016, KRW 28 million to the same account under the same name as around October 27, 2016, and KRW 15.4 million to the same account under the same name as around June 22, 2017.
2. The Defendant forged an official document, forged, or falsified an official document, and displayed it to the victim by forging various official documents in the name of E in order to deceiving the victim as if the procedure for authorization to establish a district unit plan was actually carried out.
A. On March 20, 2017, the Defendant: (a) made a file of a document stating that he/she would approve the establishment of a district unit plan by using a computer from the Defendant’s house located in He/sheung-gu Seoul Special Metropolitan City G apartment H on March 20, 2017; and (b) made the document file “a document to know the establishment of a district unit plan (State I) according to the construction of training facilities (H) with the purport that he/she would approve the establishment of a district unit plan according to the construction of training facilities in the Ntsan-gun F.