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(영문) 춘천지방법원 2016.08.22 2016고단389
사기
Text

As to the crime No. 1 of the judgment of the defendant, a fine of KRW 1.5 million shall be imposed on the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution due to the charge of forging official documents at the Chuncheon District Court on February 13, 2015, and the judgment became final and conclusive on February 13, 2015. On May 4, 2016, the same court was sentenced to 10 months of imprisonment with prison labor and 2 months of imprisonment, and the judgment became final and conclusive on July 29, 2016.

1. On June 22, 2012, the victim C had been forwarded KRW 4 million as down payment to the victim C at the E office operated by the Defendant at Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, by stating that “The Defendant would be allowed to obtain permission to operate a tourist farm on land, such as Hongcheon-gun F and G.”

However, the fact is that the land is located in the place for public interest and is located in the natural environment conservation area, and there is a place where it is difficult to permit tourism sources, so the defendant did not have the intention or ability to obtain tourism sources permission even if he receives down payment.

Nevertheless, the defendant, by deceiving the victim through the above method, acquired 4 million won as the down payment.

2. On July 4, 2015, the victim H counterpart fraud Defendant was a victim H by telephone at a place where it is impossible to know about the light place on July 4, 2015, and became an agricultural and forest area in which “Gangcheon-gun I land is a river area.”

The same month by transferring KRW 2,00,000 to the State, stating that the change of land category shall be made to a planned management area by October 30, 2015, thereby allowing a building permit to be granted.

7. A person has been remitted 2 million won as a service expense.

However, the change of planned management area is not made upon application, but it is possible to obtain approval from Gangwon-do according to the Hongcheon-gun's own plan, and the defendant has no intention or ability to change the land to the planned management area

Nevertheless, the defendant, by deceiving the victim in the above way, acquired 2 million won as the service secret by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. A detailed statement of deposit;

1. A detailed statement of deposits in the passbook;

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