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(영문) 서울북부지방법원 2019.05.03 2018고합465
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal power] The Defendant stated in the facts charged on October 5, 2007 as "O. 15, 2007." However, according to the records, it is obvious that the Defendant was sentenced to the above judgment "O. 5, 2007." Thus, it was corrected ex officio.

On June 14, 2009, the Changwon District Court sentenced two years to imprisonment for a violation of the Attorney-at-Law Act by the violation of the Attorney-at-Law Act, etc., and completed the execution of the sentence by the Jinju Prison. On January 7, 2015, the Seoul Central District Court sentenced the suspension of the execution for four months as a crime of uttering of forged securities at the Seoul Central District Court, which became final and conclusive on September 21, 2015.

【Criminal Facts】

On January 14, 2011, the Defendant stated that “A victim C shall settle a civil petition in order to obtain an industrial complex development permit, 6-700 million won is raised to obtain the residents’ total consent to solve civil petitions, and 5-600 million won will be added to the construction of the Village Development Fund or the Village Community Center after obtaining the consent, and as a result, will come into 12-1.3 billion won.” “As a result, a person who is not a person who will not become a congested for the purpose of resolving civil petitions should be able to work in front of the person, and the cost of solving civil petitions is 6-70 million won until obtaining the total consent, and 300 million won will be executed first by determining the cost of resolving civil petitions.”

However, the defendant had no intention or ability to obtain consent to an industrial complex by paying the money to the village residents even though he/she received the money from the victim because he/she thought that part of the money received from the victim will be used as the defendant's debt repayment and living expenses.

Around January 19, 201, the Defendant received a total of KRW 330 million in cash and checks from the victim’s employees D through the victim’s employees D, and the Defendant received a total of KRW 30 million in cash and checks from the E hotel parking lot located in Busan Dong-gu around January 19, 201, from January 19, 201 to January 19, 201.

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