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(영문) 의정부지방법원 2012.08.17 2011고합123
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as the owner of Gyeonggi-do D (hereinafter “instant land”), was a person who constructed a pentium with four households on the said land, and the victim E was a person who constructed the said pentium construction work.

Around March 6, 2008, the Defendant: (a) was aware of the fact that the instant land was connected through 368 lines of local highway; (b) but it was not possible to construct more than six households on the instant land because it was not installed at a speed; (c) around April 26, 2007, the Defendant had already obtained a construction permit for five households with respect to the instant land; and (d) it was inevitable to construct only one household building on the instant land as above; (b) as the cost of pentry construction was insufficient, the Defendant was aware of the fact that 4 households were to build a housing complex of 9 households on the instant land under the name of 40 billion won for the purpose of selling part of the instant land by dividing it into 70 billion won for construction; and (d) the victim was able to construct an additional pentry and other buildings on the instant land and obtain the said construction permit from 80 billion won for the purpose of offsetting KRW 12,383,000,000,000 won for each KRW 78383.38.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, I and J;

1. The prosecutor's statement to K;

1. A copy of each real estate sales contract (10 pages, 130 pages),

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