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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단2954
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

During the real estate development business, the Defendant would give to the owners of the above woodland with the military consent to the development of the land for C forest land and D forest land in the Pakistan-si, which is a military installation protection area while engaging in the real estate development business.

Accessing and applying for development to the relevant 9 Bosup Association, a military unit, on January 2008 and February 2, 2008, but failed to obtain development consent due to the decision of disapproval or withdrawal of application.

Nevertheless, on May 2008, the Defendant was aware of his knowledge as the first police officer.

Since consultation was made to E with the consent of the military on the development of the above forests and fields, it was proposed that the above forests and fields should be sold to E, and it was asked to introduce and request a person who borrowed money instead of the refusal to do so and received the victim F from E.

Accordingly, on May 16, 2008, the Defendant met the victim in C forest and field, and even though there was no scheduled fact to obtain the military unit’s consent to the development of the said forest and field, the Defendant agreed to obtain the consent from the military unit on the development of the said forest and field to develop a golf practice site.

If the consent is lent KRW 200 million, the loan will be received from the financial institution immediately and repaid at KRW 300 million until August 30, 2008.

‘Falsely speaking, 10 million won was transferred from the injured party on the same day, and 100 million won on May 21, 2008 to the Agricultural Cooperative Account under the name of each accused, and acquired 200 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and E;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to notification of the written complaint, written agreement on the trade of each real estate, written loan, written agreement on loan, equity contract, copy of passbook, matters subject to military consent, detailed statement of each financial transaction, results of military operations,

1. The defendant, on the grounds of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, and Article 347(1) of the Criminal Act regarding the sentencing of imprisonment, has rejected a request for military consent more than once.

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