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(영문) 서울북부지방법원 2014.09.02 2014고단2103
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of Gangseo-gu Seoul Metropolitan Government C land, and D is the lessee of the above land on April 2, 2007.

In early 2009, the redevelopment of the farmland above became final and conclusive, and in order to be paid the right to occupy a commercial building as an agricultural loss compensation, the farmland above a certain size is owned or leased from before December 30, 2005, which is the date of payment, to the date of conclusion of the consultation.

However, the Defendant, on April 2, 2007, ordered the lease of land to D under the above lease agreement, and thus, the Defendant did not have been able to use the said farmland from before the date of payment to May 2, 2009, and thus, was not entitled to receive the right to occupy commercial areas.

Accordingly, in consultation with D, the Defendant decided to make a false statement as if the Defendant continued to engage in farming in the above farmland. On May 27, 2009, the Defendant submitted false documents as if the Defendant continued to do so before the date of payment criteria to the SH Corporation.

Ultimately, around July 23, 2013, the Defendant was determined by the Victim SH Corporation to be eligible for the issuance of a commercial share certificate in the marina area and was taking advantage of the accrued interest equivalent to the accrued amount.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of examination of witness with respect to D, E, or F;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to an application for compensation for agricultural loss and a self-verification certificate;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the intention to deliver to the lessee of the redevelopment site owned by the Defendant at the request of the lessee of the redevelopment site, and considering the circumstances such as the fact that the Defendant intended to gain any benefit, not the crime that the Defendant intended to obtain any benefit, and the fact that the Defendant is the first offender.

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